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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
December 29,2022 15:59
By: NATHAN J. PANGRACE 0084191
Confirmation Nbr. 2736762
DANITA MCNAIR CV 22 971846
vs.
Judge: DEBORAH M. TURNER
LAKEWOOD SENIOR CAMPUS, LLC
Pages Filed: 36
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
DANITA MCNAIR,
Plaintiff,
Case No. CV 22 971846
v.
Judge Deborah M. Turner
LAKEWOOD SENIOR CAMPUS, LLC
D/B/A O'NEILL HEALTHCARE
ASSISTED LIVING,
Defendant.
DEFENDANT'S ANSWER TO COMPLAINT FOR DAMAGES AND
REINSTATEMENT
Now comes Defendant, Lakewood Senior Campus, LLC D/B/A O'Neill Healthcare
Assisted Living, by and through undersigned counsel, and for its answer to Plaintiff's Complaint,
states as follows:
PARTIES AND VENUE
1. McNair is a resident of the city of Cleveland, county of Cuyahoga, state of Ohio.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 1 of the Complaint, and therefore denies the same.
2. Lakewood Senior Campus, LLC d/b/a O'Neill Healthcare Assisted Living ("O'Neill
Healthcare") is a domestic limited liability company that operated a business located at 13900
Detroit Road, Lakewood, Ohio 44107.
ANSWER:
Defendant admits the allegations in paragraph 2 of the Complaint.
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3. O'Neill Healthcare was at all times hereinafter mentioned an employer within the
meaning of R.C. § 4113.52.
ANSWER:
Defendant admits the allegations in paragraph 3 of the Complaint.
4. O'Neill Healthcare was at all times hereinafter mentioned an employer within the
meaning of R.C. § 4112.01 et seq.
ANSWER:
Defendant admits the allegations in paragraph 4 of the Complaint.
5. All of the material events alleged in this Complaint occurred in Cuyahoga County.
ANSWER:
Defendant denies the allegations in paragraph 5 of the Complaint.
6. Within two years of the conduct alleged below, McNair filed a Charge of
Discrimination with the Ohio Civil Rights Commission ("OCRC"), against O'Neill Healthcare.
ANSWER:
Defendant denies the allegations in paragraph 6 of the Complaint.
7. Therefore, personal jurisdiction is proper over Defendants pursuant to R.C. §
2307.382(A)(l) and (4).
ANSWER:
Defendant admits personal jurisdiction is proper pursuant to R.C. § 2307.382(A)(l).
Defendant denies the remaining allegations in paragraph 7 of the Complaint.
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8. Venue is proper pursuant to Civ. R. 3(C)(3)&(6).
ANSWER:
Defendant denies the allegations in paragraph 8 of the Complaint.
9. This Court is a court of general jurisdiction over the claims presented herein,
including all subject matters of this Complaint.
ANSWER:
Defendant admits the allegations in paragraph 9 of the Complaint.
10. McNair may seek leave to amend this Complaint upon the receipt of the Right to
Sue letter from the OCRC regarding her Charge of Discrimination.
ANSWER:
Defendant denies the allegations in paragraph 10 of the Complaint.
FACTS
11. McNair is a female.
ANSWER:
Defendant admits the allegations in paragraph 11 of the Complaint.
12. McNair is mixed African-American and Caucasian race.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 12 of the Complaint, and therefore denies the same.
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13. McNair is a former employee of O'Neill Healthcare.
ANSWER:
Defendant admits the allegations in paragraph 13 of the Complaint.
14. McNair began working for O'Neill Healthcare in or around January 2022.
ANSWER:
Defendant denies the allegations in paragraph 14 of the Complaint. Responding further,
McNair began working for O'Neill Healthcare in February 2022.
15. O'Neill Healthcare employed McNair as a Certified Nursing Assistant.
ANSWER:
Defendant admits the allegations in paragraph 15 of the Complaint.
16. During her employment, McNair had several problems arise with one particular
resident at O'Neill Healthcare ("Big Male Resident").
ANSWER:
Defendant admits the allegations in paragraph 16 of the Complaint.
17. Big Male Resident was a male.
ANSWER:
Defendant admits the allegations in paragraph 17 of the Complaint.
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18. Big Male Resident is approximately seven feet tall.
ANSWER:
Defendant denies the allegations in paragraph 18 of the Complaint.
19. McNair is significantly shorter than Big Male Resident.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 19 of the Complaint, and therefore denies the same.
20. Big Male Resident often called McNair a bitch ("Bitch Comments").
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 20 of the Complaint, and therefore denies the same.
21. McNair was offended by the Bitch Comments.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 21 of the Complaint, and therefore denies the same.
22. Big Male Resident made the Bitch Comments because of McNair's gender.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 22 of the Complaint, and therefore denies the same.
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23. Big Male Resident also made several comments about McNair's perceived sexual
orientation ("Sexual Orientation Comments").
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 23 of the Complaint, and therefore denies the same.
24. During the Sexual Orientation Comments, Big Male Resident referred to McNair
as a lesbian.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 24 of the Complaint, and therefore denies the same.
25. During the Sexual Orientation Comments, Big Male Resident referred to McNair
as gay.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 25 of the Complaint, and therefore denies the same.
26. During the Sexual Orientation Comments, Big Male Resident said that McNair
liked women.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 26 of the Complaint, and therefore denies the same.
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27. McNair is heterosexual.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 27 of the Complaint, and therefore denies the same.
28. McNair was offended by the Sexual Orientation Comments.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 28 of the Complaint, and therefore denies the same.
29. Big Male Resident also stated that he would never date "her kind" because McNair
is mixed race ("Her Kind Comment").
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 29 of the Complaint, and therefore denies the same.
30. McNair was offended by the Her Kind Comment.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 30 of the Complaint, and therefore denies the same.
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31. Big Male Resident made the Her Kind Comment because of McNair's race.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 31 of the Complaint, and therefore denies the same.
32. Big Male Resident made several threats against McNair ("Resident Threats").
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 32 of the Complaint, and therefore denies the same.
33. During the Resident Threats, Big Male Resident said that he would "do you like I
did my ex-wife."
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 33 of the Complaint, and therefore denies the same.
34. During the Resident Threats, Big Male Resident said that he would ''beat [McNair's]
ass" like he beat his ex-wife.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 34 of the Complaint, and therefore denies the same.
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35. During the Resident Threats, Big Male Resident said that he would slap McNair
"in her mother fuckin' face."
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 35 of the Complaint, and therefore denies the same.
36. McNair reasonably believed that the Resident Threats meant that Big Male
Resident would physically assault McNair.
ANSWER:
Defendant denies the allegations in paragraph 36 of the Complaint.
37. McNair reasonably believed that Big Male Resident would cause McNair physical
harm.
ANSWER:
Defendant denies the allegations in paragraph 37 of the Complaint.
38. McNair reasonably believed that Big Male Resident was physically capable of
causing McNair physical harm.
ANSWER:
Defendant denies the allegations in paragraph 38 of the Complaint.
39. By making the Resident Threats, Big Male Resident created an unsafe working
environment for McNair.
ANSWER:
Defendant denies the allegations in paragraph 39 of the Complaint.
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40. By making the Resident Threats, Big Male Resident created an unsafe working
environment to all of Defendant's employees.
ANSWER:
Defendant denies the allegations in paragraph 40 of the Complaint.
41. The Resident Threats posed a workplace safety risk to all of Defendant's
employees.
ANSWER:
Defendant denies the allegations in paragraph 41 of the Complaint.
42. The Resident Threats posed an imminent risk of physical harm to persons and/or a
hazard to public health or safety.
ANSWER:
Defendant denies the allegations in paragraph 42 of the Complaint.
43. McNair complained about all of her issues with Big Male Resident to Defendant
("McNair Resident Complaints").
ANSWER:
Defendant denies the allegations in paragraph 43 of the Complaint.
44. McNair made the McNair Resident Complaints verbally.
ANSWER:
Defendant denies the allegations in paragraph 44 of the Complaint.
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45. McNair made the McNair Resident Complaints in writing.
ANSWER:
Defendant denies the allegations in paragraph 45 of the Complaint.
46. The McNair Resident Complaints involved discrimination.
ANSWER:
Defendant denies the allegations in paragraph 46 of the Complaint.
47. The McNair Resident Complaints involved workplace safety.
ANSWER:
Defendant denies the allegations in paragraph 47 of the Complaint.
48. The McNair Resident Complaints involved potential criminal conduct.
ANSWER:
Defendant denies the allegations in paragraph 48 of the Complaint.
49. Upon information and belief, Defendant has a policy that prohibits discrimination.
ANSWER:
Defendant admits the allegations in paragraph 49 of the Complaint.
50. Upon information and belief, Defendant has a policy concerning workplace safety.
ANSWER:
Defendant admits the allegations in paragraph 50 of the Complaint.
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51. Upon information and belief, Defendant has a policy concerning potential criminal
conduct.
ANSWER:
Defendant admits the allegations in paragraph 51 of the Complaint.
52. Defendant had a duty to investigate the McNair Resident Complaints.
ANSWER:
Defendant denies the allegations in paragraph 52 of the Complaint.
53. Upon information and belief, Defendant has a policy requiring investigations
following receipt of a complaint of discrimination, workplace safety, and/or potential criminal
activity.
ANSWER:
Defendant admits the allegations in paragraph 53 of the Complaint.
54. An investigation should include interviewing the complainant.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 54 of the Complaint, and therefore denies the same.
55. An investigation should include interviewing the subject of the complaint.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 55 of the Complaint, and therefore denies the same.
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56. An investigation should include interviewing the subject of the reported incident.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 56 of the Complaint, and therefore denies the same.
57. An investigation should include interviewing witnesses to the reported incident.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 57 of the Complaint, and therefore denies the same.
58. An investigation should include getting a written statement from the complainant.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 58 of the Complaint, and therefore denies the same.
59. An investigation should include getting a written statement from the subject of the
complaint.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 59 of the Complaint, and therefore denies the same.
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60. An investigation should include getting a written statement from the subject of the
reported incident.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 60 of the Complaint, and therefore denies the same.
61. In response to the McNair Resident Complaints, Defendant did not interview any
potential witnesses.
ANSWER:
Defendant denies the allegations in paragraph 61 of the Complaint.
62. In response to the McNair Resident Complaint, Defendant did not interview Big
Male Resident.
ANSWER:
Defendant denies the allegations in paragraph 62 of the Complaint. Responding further,
McNair did not complain to Defendant about the incidents alleged in her Complaint.
63. In response to the McNair Resident Complaints, Defendant did not get a written
statement from McNair.
ANSWER:
Defendant denies the allegations in paragraph 63 of the Complaint. Responding further,
McNair did not complain to Defendant about the incidents alleged in her Complaint.
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64. In response to the McNair Resident Complaints, Defendant did not get a written
statement from any potential witnesses.
ANSWER:
Defendant denies the allegations in paragraph 64 of the Complaint. Responding further,
McNair did not complain to Defendant about the incidents alleged in her Complaint.
65. In response to the McNair Resident Complaints, Defendant did not get a written
statement from Big Male Resident.
ANSWER:
Defendant denies the allegations in paragraph 65 of the Complaint. Responding further,
McNair did not complain to Defendant about the incidents alleged in her Complaint.
66. In response to the McNair Resident Complaints, Defendant did not take corrective
action against Big Male Resident.
ANSWER:
Defendant denies the allegations in paragraph 66 of the Complaint. Responding further,
McNair did not complain to Defendant about the incidents alleged in her Complaint.
67. Defendant ratified Big Male Resident's conduct in failing to conduct an
investigation into the McNair Resident Complaints.
ANSWER:
Defendant denies the allegations in paragraph 67 of the Complaint.
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68. Defendant ratified Big Male Resident's conduct in failing to take corrective action
against Big Male Resident following the McNair Resident Complaints.
ANSWER:
Defendant denies the allegations in paragraph 68 of the Complaint.
69. Following the McNair Resident Complaints, Defendant merely told McNair to
ignore Big Male Resident.
ANSWER:
Defendant denies the allegations in paragraph 69 of the Complaint.
70. Unfortunately, McNair was unable to just ignore Big Male Resident.
ANSWER:
Defendant denies the allegations in paragraph 70 of the Complaint.
71. Following the McNair Resident Complaints, Defendant demoted McNair to be a
Dietary employee.
ANSWER:
Defendant denies the allegations in paragraph 71 of the Complaint.
72. Defendant demoted McNair in retaliation for making a discrimination complaint.
ANSWER:
Defendant denies the allegations in paragraph 72 of the Complaint.
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73. Defendant demoted McNair in retaliation for making a complaint about workplace
safety.
ANSWER:
Defendant denies the allegations in paragraph 73 of the Complaint.
74. Defendant demoted McNair in retaliation for making a complaint about potential
criminal conduct.
ANSWER:
Defendant denies the allegations in paragraph 74 of the Complaint.
75. McNair's demotion affected the terms and conditions of McNair's employment.
ANSWER:
Defendant denies the allegations in paragraph 75 of the Complaint.
76. On or around May 21, 2022, Big Male Resident entered McNair's workspace in an
area where residents were not permitted ("May 21 Incident").
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 76 of the Complaint, and therefore denies the same
77. During the May 21 Incident, Big Male Resident screamed at McNair.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 77 of the Complaint, and therefore denies the same.
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78. During the May 21 Incident, Big Male Resident threatened McNair.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 78 of the Complaint, and therefore denies the same.
79. During the May 21 Incident, Big Male Resident threw lemonade at McNair.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 79 of the Complaint, and therefore denies the same.
80. Due to the May 21 Incident, McNair called the police.
ANSWER:
Defendant lacks information sufficient to form a belief as to the truth of the allegations in
paragraph 80 of the Complaint, and therefore denies the same.
81. On or around June 4, 2022, Defendant terminated McNair's employment.
ANSWER:
Defendant admits the allegations in paragraph 81 of the Complaint.
82. McNair's termination was pretextual.
ANSWER:
Defendant denies the allegations in paragraph 82 of the Complaint.
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83. Defendant terminated McNair's employment in retaliation for reporting
discrimination.
ANSWER:
Defendant denies the allegations in paragraph 83 of the Complaint.
84. Defendant terminated McNair's employment in retaliation for reporting workplace
safety concerns.
ANSWER:
Defendant denies the allegations in paragraph 84 of the Complaint.
85. Defendant terminated McNair's employment in retaliation for reporting potential
criminal activity.
ANSWER:
Defendant denies the allegations in paragraph 85 of the Complaint.
86. Upon information and belief, Defendant has a progressive disciplinary policy
("Progressive Discipline Policy").
ANSWER:
Defendant admits the allegations in paragraph 86 of the Complaint.
87. Defendant has used the Progressive Discipline Policy when disciplining employees
who have not complained of discrimination.
ANSWER:
Defendant admits the allegations in paragraph 87 of the Complaint.
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88. Defendant has used the Progressive Discipline Policy when disciplining employees
who have not complained of workplace safety issues.
ANSWER:
Defendant admits the allegations in paragraph 88 of the Complaint.
89. Defendant has used the Progressive Discipline Policy when disciplining employees
who have not complained of potential criminal conduct.
ANSWER:
Defendant admits the allegations in paragraph 89 of the Complaint.
90. Under the Progressive Discipline Policy, McNair had not received any meaningful
discipline.
ANSWER:
Defendant denies the allegations in paragraph 90 of the Complaint.
91. Under the Progressive Discipline Policy, McNair had not received any written
warnings.
ANSWER:
Defendant denies the allegations in paragraph 91 of the Complaint.
92. Under the Progressive Discipline Policy, McNair had not been suspended.
ANSWER:
Defendant admits the allegations in paragraph 92 of the Complaint.
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93. Defendant skipped steps under the Progressive Discipline Policy when they
demoted McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 93 of the Complaint.
94. Defendant skipped steps under the Progressive Discipline Policy when they
terminated McNair's employment.
ANSWER:
Defendant denies the allegations in paragraph 94 of the Complaint.
95. Skipping steps under the Progressive Discipline Policy is an adverse employment
action.
ANSWER:
Defendant denies the allegations in paragraph 95 of the Complaint.
96. Skipping steps under the Progressive Discipline Policy is an adverse action.
ANSWER:
Defendant denies the allegations in paragraph 96 of the Complaint.
97. Defendant intentionally skipped steps under the Progressive Discipline Policy
when they demoted McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 97 of the Complaint.
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98. Defendant intentionally skipped steps under the Progressive Discipline Policy
when they terminated McNair's employment.
ANSWER:
Defendant denies the allegations in paragraph 98 of the Complaint.
99. Defendant willfully made the decision to skip steps under the Progressive
Discipline Policy when they demoted McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 99 of the Complaint.
100. Defendant willfully made the decision to skip steps under the Progressive
Discipline Policy when they terminated McNair's employment.
ANSWER:
Defendant denies the allegations in paragraph 100 of the Complaint.
101. Demoting McNair's position was an adverse employment action.
ANSWER:
Defendant denies the allegations in paragraph 101 of the Complaint.
102. Terminating McNair's employment was an adverse employment action.
ANSWER:
Defendant denies the allegations in paragraph 102 of the Complaint.
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103. Demoting McNair's position was an adverse action.
ANSWER:
Defendant denies the allegations in paragraph 103 of the Complaint.
104. Terminating McNair's employment was an adverse action.
ANSWER:
Defendant denies the allegations in paragraph 104 of the Complaint.
105. Defendant intentionally demoted McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 105 of the Complaint.
106. Defendant intentionally terminated McNair's employment.
ANSWER:
Defendant admits the allegations in paragraph 106 of the Complaint.
107. Defendant willfully made the decision to demote McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 107 of the Complaint.
108. Defendant willfully made the decision to terminate McNair's employment.
ANSWER:
Defendant admits the allegations in paragraph 108 of the Complaint.
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109. Defendant demoted McNair's position in violation of the Progressive Discipline
Policy in retaliation for reporting discrimination.
ANSWER:
Defendant denies the allegations in paragraph 109 of the Complaint.
110. Defendant demoted McNair's position in violation of the Progressive Discipline
Policy in retaliation for reporting workplace safety issues.
ANSWER:
Defendant denies the allegations in paragraph 110 of the Complaint.
111. Defendant demoted McNair's position in violation of the Progressive Discipline
Policy in retaliation for reporting potential criminal conduct.
ANSWER:
Defendant denies the allegations in paragraph 111 of the Complaint.
112. Defendant terminated McNair's employment in violation of the Progressive
Discipline Policy in retaliation for reporting discrimination.
ANSWER:
Defendant denies the allegations in paragraph 112 of the Complaint.
113. Defendant terminated McNair's employment in violation of the Progressive
Discipline Policy in retaliation for reporting workplace safety issues.
ANSWER:
Defendant denies the allegations in paragraph 113 of the Complaint.
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114. Defendant terminated McNair's employment in violation of the Progressive
Discipline Policy in retaliation for reporting potential criminal conduct.
ANSWER:
Defendant denies the allegations in paragraph 114 of the Complaint.
COUNT I: VIOLATION OF OHIO WHISTLEBLOWERS STATUTE R.C. § 4113.52
115. McNair restates each and every prior paragraph of this Complaint, as if it were fully
restated herein.
ANSWER:
In response to Paragraph 115 of the Complaint, Defendant incorporates each of its
responses to the preceding allegations as if fully restated herein.
116. During her employment, McNair made verbal reports of dangerous and/or unlawful
activities to Defendant.
ANSWER:
Defendant denies the allegations in paragraph 116 of the Complaint.
117. During her employment, McNair made written reports of dangerous and/or
unlawful activities to Defendant.
ANSWER:
Defendant denies the allegations in paragraph 117 of the Complaint.
118. McNair verbally complained to Defendant regarding conduct that created an
imminent risk of physical harm to persons.
ANSWER:
Defendant denies the allegations in paragraph 118 of the Complaint.
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119. McNair complained in writing to Defendant regarding conduct that created an
imminent risk of physical harm to persons.
ANSWER:
Defendant denies the allegations in paragraph 119 of the Complaint.
120. McNair verbally complained to Defendant about conduct that was a crime and/or
posed an imminent risk of physical harm to persons and/or a hazard to public health or safety.
ANSWER:
Defendant denies the allegations in paragraph 120 of the Complaint.
121. McNair complained in writing to Defendant about conduct that was a crime and/or
posed an imminent risk of physical harm to persons and/or a hazard to public health or safety.
ANSWER:
Defendant denies the allegations in paragraph 121 of the Complaint.
122. McNair gave Defendant an opportunity to cure the reported misconduct.
ANSWER:
Defendant denies the allegations in paragraph 122 of the Complaint.
123. Defendant failed to conduct a complete investigation of the reported misconduct.
ANSWER:
Defendant denies the allegations in paragraph 123 of the Complaint.
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124. Defendant failed to take appropriate corrective action following the reported
misconduct.
ANSWER:
Defendant denies the allegations in paragraph 124 of the Complaint.
125. Defendant retaliated against McNair by demoting her position following the
reported misconduct.
ANSWER:
Defendant denies the allegations in paragraph 125 of the Complaint.
126. Defendant retaliated against McNair by terminating her employment following the
reported misconduct.
ANSWER:
Defendant denies the allegations in paragraph 126 of the Complaint.
127. Defendant retaliated against McNair by applying employment policies in an unfair
manner toward McNair.
ANSWER:
Defendant denies the allegations in paragraph 127 of the Complaint.
128. Defendant's demotion of McNair's position was in violation of R.C. § 4113.52.
ANSWER:
Defendant denies the allegations in paragraph 128 of the Complaint.
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129. Defendant's termination of McNair's employment was in violation of R.C. §
4113.52.
ANSWER:
Defendant denies the allegations in paragraph 129 of the Complaint.
130. As a direct and proximate result of Defendant's conduct, McNair suffered and will
continue to suffer damages, including economic and emotional distress damages.
ANSWER:
Defendant denies the allegations in paragraph 130 of the Complaint.
COUNT II: WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY
131. McNair restates each and every prior paragraph of this Complaint, as if it were fully
restated herein.
ANSWER:
In response to Paragraph 131 of the Complaint, Defendant incorporates each of its
responses to the preceding allegations as if fully restated herein.
132. A clear public policy exists and is manifested in Ohio statutes and/or administrative
regulations, or in the common law, against terminating and/or retaliating against an employee
because she engages in protected activity under Ohio law.
ANSWER:
Defendant responds that Ohio statutes, administrative regulations, and common law speak
for themselves. To the extent a further response is required, Defendant denies the allegations in
paragraph 132 of the Complaint.
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133. A clear public policy exists and is manifested in R.C. § 4101.11 stating that "[e]very
employer shall furnish employment which is safe for the employees engaged therein," and "[n]o
employer shall require, permit, or suffer any employee to go or be in any employment or place of
employment which is not safe ... "
ANSWER:
Defendant responds that R.C. § 4101.11 speaks for itself. To the extent a further response
is required, Defendant denies the allegations in paragraph 133 of the Complaint.
134. The Ohio Supreme Court recognized that Ohio allows an individual to seek a public
policy claim if she is terminated in retaliation for reporting to her employer that she is forced to
work in an unsafe work environment. Greeley v. Miami Valley Maintenance Contrs., Inc, (1990),
49 Ohio St.3d 228. See also Pytlinski v. Brocar Products, Inc, 94 Ohio St.3d 77 (Ohio 2011);
Jenkins v. Cent. Transp., Inc, No. 09CV525, 2010 WL 420027 (n.D. Ohio Jan. 29, 2010).
ANSWER:
Defendant responds that the cited Ohio Supreme Court decisions speak for themselves. To
the extent a further response is required, Defendant denies the allegations in paragraph 134 of the
Complaint.
135. McNair's complaints are supported by the holding in Pytlinsld.
ANSWER:
Defendant denies the allegations in paragraph 135 of the Complaint.
136. A clear public policy exists and is manifested in Ohio statutes, and/or administrative
regulations, or in the common law, against terminating an employee based on her complaints of
dangerous, unsafe, or illegal activity.
ANSWER:
Defendant responds that Ohio statutes, administrative regulations, and common law speak
for themselves. To the extent a further response is required, Defendant denies the allegations in
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paragraph 136 of the Complaint.
137. A clear public policy exists in Ohio and is manifested in R.C. § 2903.21,
Aggravated Menacing.
ANSWER:
Defendant responds that R.C. § 2903.21 speaks for itself. To the extent a further response
is required, Defendant denies the allegations in paragraph 137 of the Complaint.
138. Alternatively, a clear public policy exists in Ohio and is manifested in R.C. §
2903.22, Menacing.
ANSWER:
Defendant responds that R.C. § 2903.22 speaks for itself. To the extent a further response
is required, Defendant denies the allegations in paragraph 138 of the Complaint.
139. Both Aggravated Menacing and Menacing are offenses of violence as defined by
R.C. § 2901.0l(A)(9).
ANSWER:
Defendant responds that R.C. § 2901.0l(A)(9) speaks for itself. To the extent a further
response is required, Defendant denies the allegations in paragraph 139 of the Complaint.
140. During her employment, McNair complained to Defendant pertaining to conduct
that was reasonably believed to be a violation of clear public policy.
ANSWER:
Defendant denies the allegations in paragraph 140 of the Complaint.
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141. Following her complaints, Defendant demoted McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 141 of the Complaint.
142. Following her complaints, Defendant terminated McNair's employment.
ANSWER:
Defendant admits it terminated McNair's employment. Defendant denies the remaining
allegations in paragraph 142 of the Complaint.
143. Defendant's demotion of McNair's position jeopardized these public policies.
ANSWER:
Defendant denies the allegations in paragraph 143 of the Complaint.
144. Defendant's termination of McNair's employment jeopardizes these public policies.
ANSWER:
Defendant denies the allegations in paragraph 144 of the Complaint.
145. Defendant's demotion of McNair's position was motivated by conduct related to
these public policies.
ANSWER:
Defendant denies the allegations in paragraph 145 of the Complaint.
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146. Defendant's termination of McNair's employment was motivated by conduct related
to these public policies.
ANSWER:
Defendant denies the allegations in paragraph 146 of the Complaint.
147. Defendant had no overriding business justification for demoting McNair's position.
ANSWER:
Defendant denies the allegations in paragraph 147 of the Complaint.
148. Defendant had no overriding business justification for terminating McNair's
employment.
ANSWER:
Defendant denies the allegations in paragraph 148 of the Complaint.
149. As a direct and proximate result of Defendant's conduct, McNair has suffered and
will continue to suffer damages, including economic and emotional distress damages.
ANSWER:
Defendant denies the allegations in paragraph 149 of the Complaint.
DEMAND FOR RELIEF
1. Defendant specifically denies any unlawful conduct and further denies that Plaintiff
is entitled to any of the relief requested in her "Demand for Relief or any other relief.
2. Defendant specifically denies each and every allegation not specifically admitted
herein.
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32
AFFIRMATIVE AND ADDITIONAL DEFENSES
Defendant, for its affirmative and additional defenses to the Complaint, asserts the
following relative to Plaintiffs claims (the existence of which is expressly denied):
1. Plaintiffs Complaint fails to state claims upon which relief can be granted.
2. Plaintiff was an at-will employee that Defendant could terminate for any legal
reason, or no reason at all.
3. Plaintiffs Complaint, and each claim therein, fails to state facts sufficient for
recovery of attorneys’ fees or other litigation expenses.
4. Plaintiff’s claims are barred, in whole or in part, by the applicable statute of
limitations.
5. Plaintiff’s claims are barred, in whole or in part, by the equitable doctrines of
waiver, estoppel, laches, consent, and/or unclean hands.
6. Plaintiff’s claims are barred, in whole or in part, due to any failure to exhaust
available internal remedies.
7. To the extent punitive damages are available as a remedy for Plaintiff’s claims, any
claim for punitive damages must be denied because Defendant did not willfully violate any law
with respect to its treatment of Plaintiff, and any actions taken by Defendant regarding Plaintiff
were taken in good faith, in accordance with Defendant’s internal policies against
discrimination/retaliation, and not taken wantonly, with malice, in bad faith and/or with reckless
indifference to Plaintiff's protected rights.
8. Plaintiff’s alleged damages are speculative and remote.
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9. Defendant’s actions with respect to Plaintiff were for good, just, lawful, and
legitimate non-discriminatory reasons and, therefore, Defendant is relieved from any liability or
obligation to Plaintiff.
10. Defendant would have taken the same actions regardless of Plaintiff’s alleged
complaint.
11. Plaintiff’s damages, if any, were solely the result of her own actions or inaction,
unaffected by Defendant in any way.
12. Plaintiff has failed to mitigate her alleged damages, if any.
13. Plaintiff’s damages, if any, should be offset by any subsequent earnings or benefits
received by Plaintiff.
14. At all times relevant to her lawsuit, Plaintiff was treated in a manner consistent with
similarly situated employees outside of her protected class.
15. Plaintiff’s claims are barred and/or limited by the after-acquired evidence doctrine.
16. Defendant asserts that if Plaintiff alleges to have suffered from emotional distress,
it was proximately caused, in whole or in part, by factors other than Plaintiff’s employment and/or
actions of Defend
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... December 29,2022 15:59 By: NATHAN J. PANGRACE 0084191 Confirmation Nbr. 2736762 DANITA MCNAIR CV 22 971846 vs. Judge: DEBORAH M. TURNER LAKEWOOD SENIOR CAMPUS, LLC Pages Filed: 36 Electronically Filed 12/29/2022 15:59/ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO DANITA MCNAIR, Plaintiff, Case No. CV 22 971846 v. Judge Deborah M. Turner LAKEWOOD SENIOR CAMPUS, LLC D/B/A O'NEILL HEALTHCARE ASSISTED LIVING, Defendant. DEFENDANT'S ANSWER TO COMPLAINT FOR DAMAGES AND REINSTATEMENT Now comes Defendant, Lakewood Senior Campus, LLC D/B/A O'Neill Healthcare Assisted Living, by and through undersigned counsel, and for its answer to Plaintiff's Complaint, states as follows: PARTIES AND VENUE 1. McNair is a resident of the city of Cleveland, county of Cuyahoga, state of Ohio. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 1 of the Complaint, and therefore denies the same. 2. Lakewood Senior Campus, LLC d/b/a O'Neill Healthcare Assisted Living ("O'Neill Healthcare") is a domestic limited liability company that operated a business located at 13900 Detroit Road, Lakewood, Ohio 44107. ANSWER: Defendant admits the allegations in paragraph 2 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 3. O'Neill Healthcare was at all times hereinafter mentioned an employer within the meaning of R.C. § 4113.52. ANSWER: Defendant admits the allegations in paragraph 3 of the Complaint. 4. O'Neill Healthcare was at all times hereinafter mentioned an employer within the meaning of R.C. § 4112.01 et seq. ANSWER: Defendant admits the allegations in paragraph 4 of the Complaint. 5. All of the material events alleged in this Complaint occurred in Cuyahoga County. ANSWER: Defendant denies the allegations in paragraph 5 of the Complaint. 6. Within two years of the conduct alleged below, McNair filed a Charge of Discrimination with the Ohio Civil Rights Commission ("OCRC"), against O'Neill Healthcare. ANSWER: Defendant denies the allegations in paragraph 6 of the Complaint. 7. Therefore, personal jurisdiction is proper over Defendants pursuant to R.C. § 2307.382(A)(l) and (4). ANSWER: Defendant admits personal jurisdiction is proper pursuant to R.C. § 2307.382(A)(l). Defendant denies the remaining allegations in paragraph 7 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 2 8. Venue is proper pursuant to Civ. R. 3(C)(3)&(6). ANSWER: Defendant denies the allegations in paragraph 8 of the Complaint. 9. This Court is a court of general jurisdiction over the claims presented herein, including all subject matters of this Complaint. ANSWER: Defendant admits the allegations in paragraph 9 of the Complaint. 10. McNair may seek leave to amend this Complaint upon the receipt of the Right to Sue letter from the OCRC regarding her Charge of Discrimination. ANSWER: Defendant denies the allegations in paragraph 10 of the Complaint. FACTS 11. McNair is a female. ANSWER: Defendant admits the allegations in paragraph 11 of the Complaint. 12. McNair is mixed African-American and Caucasian race. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 12 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 3 13. McNair is a former employee of O'Neill Healthcare. ANSWER: Defendant admits the allegations in paragraph 13 of the Complaint. 14. McNair began working for O'Neill Healthcare in or around January 2022. ANSWER: Defendant denies the allegations in paragraph 14 of the Complaint. Responding further, McNair began working for O'Neill Healthcare in February 2022. 15. O'Neill Healthcare employed McNair as a Certified Nursing Assistant. ANSWER: Defendant admits the allegations in paragraph 15 of the Complaint. 16. During her employment, McNair had several problems arise with one particular resident at O'Neill Healthcare ("Big Male Resident"). ANSWER: Defendant admits the allegations in paragraph 16 of the Complaint. 17. Big Male Resident was a male. ANSWER: Defendant admits the allegations in paragraph 17 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 4 18. Big Male Resident is approximately seven feet tall. ANSWER: Defendant denies the allegations in paragraph 18 of the Complaint. 19. McNair is significantly shorter than Big Male Resident. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 19 of the Complaint, and therefore denies the same. 20. Big Male Resident often called McNair a bitch ("Bitch Comments"). ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 20 of the Complaint, and therefore denies the same. 21. McNair was offended by the Bitch Comments. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 21 of the Complaint, and therefore denies the same. 22. Big Male Resident made the Bitch Comments because of McNair's gender. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 22 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 5 23. Big Male Resident also made several comments about McNair's perceived sexual orientation ("Sexual Orientation Comments"). ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 23 of the Complaint, and therefore denies the same. 24. During the Sexual Orientation Comments, Big Male Resident referred to McNair as a lesbian. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 24 of the Complaint, and therefore denies the same. 25. During the Sexual Orientation Comments, Big Male Resident referred to McNair as gay. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 25 of the Complaint, and therefore denies the same. 26. During the Sexual Orientation Comments, Big Male Resident said that McNair liked women. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 26 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 6 27. McNair is heterosexual. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 27 of the Complaint, and therefore denies the same. 28. McNair was offended by the Sexual Orientation Comments. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 28 of the Complaint, and therefore denies the same. 29. Big Male Resident also stated that he would never date "her kind" because McNair is mixed race ("Her Kind Comment"). ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 29 of the Complaint, and therefore denies the same. 30. McNair was offended by the Her Kind Comment. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 30 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 7 31. Big Male Resident made the Her Kind Comment because of McNair's race. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 31 of the Complaint, and therefore denies the same. 32. Big Male Resident made several threats against McNair ("Resident Threats"). ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 32 of the Complaint, and therefore denies the same. 33. During the Resident Threats, Big Male Resident said that he would "do you like I did my ex-wife." ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 33 of the Complaint, and therefore denies the same. 34. During the Resident Threats, Big Male Resident said that he would ''beat [McNair's] ass" like he beat his ex-wife. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 34 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 8 35. During the Resident Threats, Big Male Resident said that he would slap McNair "in her mother fuckin' face." ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 35 of the Complaint, and therefore denies the same. 36. McNair reasonably believed that the Resident Threats meant that Big Male Resident would physically assault McNair. ANSWER: Defendant denies the allegations in paragraph 36 of the Complaint. 37. McNair reasonably believed that Big Male Resident would cause McNair physical harm. ANSWER: Defendant denies the allegations in paragraph 37 of the Complaint. 38. McNair reasonably believed that Big Male Resident was physically capable of causing McNair physical harm. ANSWER: Defendant denies the allegations in paragraph 38 of the Complaint. 39. By making the Resident Threats, Big Male Resident created an unsafe working environment for McNair. ANSWER: Defendant denies the allegations in paragraph 39 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 9 40. By making the Resident Threats, Big Male Resident created an unsafe working environment to all of Defendant's employees. ANSWER: Defendant denies the allegations in paragraph 40 of the Complaint. 41. The Resident Threats posed a workplace safety risk to all of Defendant's employees. ANSWER: Defendant denies the allegations in paragraph 41 of the Complaint. 42. The Resident Threats posed an imminent risk of physical harm to persons and/or a hazard to public health or safety. ANSWER: Defendant denies the allegations in paragraph 42 of the Complaint. 43. McNair complained about all of her issues with Big Male Resident to Defendant ("McNair Resident Complaints"). ANSWER: Defendant denies the allegations in paragraph 43 of the Complaint. 44. McNair made the McNair Resident Complaints verbally. ANSWER: Defendant denies the allegations in paragraph 44 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 10 45. McNair made the McNair Resident Complaints in writing. ANSWER: Defendant denies the allegations in paragraph 45 of the Complaint. 46. The McNair Resident Complaints involved discrimination. ANSWER: Defendant denies the allegations in paragraph 46 of the Complaint. 47. The McNair Resident Complaints involved workplace safety. ANSWER: Defendant denies the allegations in paragraph 47 of the Complaint. 48. The McNair Resident Complaints involved potential criminal conduct. ANSWER: Defendant denies the allegations in paragraph 48 of the Complaint. 49. Upon information and belief, Defendant has a policy that prohibits discrimination. ANSWER: Defendant admits the allegations in paragraph 49 of the Complaint. 50. Upon information and belief, Defendant has a policy concerning workplace safety. ANSWER: Defendant admits the allegations in paragraph 50 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 11 51. Upon information and belief, Defendant has a policy concerning potential criminal conduct. ANSWER: Defendant admits the allegations in paragraph 51 of the Complaint. 52. Defendant had a duty to investigate the McNair Resident Complaints. ANSWER: Defendant denies the allegations in paragraph 52 of the Complaint. 53. Upon information and belief, Defendant has a policy requiring investigations following receipt of a complaint of discrimination, workplace safety, and/or potential criminal activity. ANSWER: Defendant admits the allegations in paragraph 53 of the Complaint. 54. An investigation should include interviewing the complainant. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 54 of the Complaint, and therefore denies the same. 55. An investigation should include interviewing the subject of the complaint. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 55 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 12 56. An investigation should include interviewing the subject of the reported incident. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 56 of the Complaint, and therefore denies the same. 57. An investigation should include interviewing witnesses to the reported incident. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 57 of the Complaint, and therefore denies the same. 58. An investigation should include getting a written statement from the complainant. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 58 of the Complaint, and therefore denies the same. 59. An investigation should include getting a written statement from the subject of the complaint. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 59 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 13 60. An investigation should include getting a written statement from the subject of the reported incident. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 60 of the Complaint, and therefore denies the same. 61. In response to the McNair Resident Complaints, Defendant did not interview any potential witnesses. ANSWER: Defendant denies the allegations in paragraph 61 of the Complaint. 62. In response to the McNair Resident Complaint, Defendant did not interview Big Male Resident. ANSWER: Defendant denies the allegations in paragraph 62 of the Complaint. Responding further, McNair did not complain to Defendant about the incidents alleged in her Complaint. 63. In response to the McNair Resident Complaints, Defendant did not get a written statement from McNair. ANSWER: Defendant denies the allegations in paragraph 63 of the Complaint. Responding further, McNair did not complain to Defendant about the incidents alleged in her Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 14 64. In response to the McNair Resident Complaints, Defendant did not get a written statement from any potential witnesses. ANSWER: Defendant denies the allegations in paragraph 64 of the Complaint. Responding further, McNair did not complain to Defendant about the incidents alleged in her Complaint. 65. In response to the McNair Resident Complaints, Defendant did not get a written statement from Big Male Resident. ANSWER: Defendant denies the allegations in paragraph 65 of the Complaint. Responding further, McNair did not complain to Defendant about the incidents alleged in her Complaint. 66. In response to the McNair Resident Complaints, Defendant did not take corrective action against Big Male Resident. ANSWER: Defendant denies the allegations in paragraph 66 of the Complaint. Responding further, McNair did not complain to Defendant about the incidents alleged in her Complaint. 67. Defendant ratified Big Male Resident's conduct in failing to conduct an investigation into the McNair Resident Complaints. ANSWER: Defendant denies the allegations in paragraph 67 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 15 68. Defendant ratified Big Male Resident's conduct in failing to take corrective action against Big Male Resident following the McNair Resident Complaints. ANSWER: Defendant denies the allegations in paragraph 68 of the Complaint. 69. Following the McNair Resident Complaints, Defendant merely told McNair to ignore Big Male Resident. ANSWER: Defendant denies the allegations in paragraph 69 of the Complaint. 70. Unfortunately, McNair was unable to just ignore Big Male Resident. ANSWER: Defendant denies the allegations in paragraph 70 of the Complaint. 71. Following the McNair Resident Complaints, Defendant demoted McNair to be a Dietary employee. ANSWER: Defendant denies the allegations in paragraph 71 of the Complaint. 72. Defendant demoted McNair in retaliation for making a discrimination complaint. ANSWER: Defendant denies the allegations in paragraph 72 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 16 73. Defendant demoted McNair in retaliation for making a complaint about workplace safety. ANSWER: Defendant denies the allegations in paragraph 73 of the Complaint. 74. Defendant demoted McNair in retaliation for making a complaint about potential criminal conduct. ANSWER: Defendant denies the allegations in paragraph 74 of the Complaint. 75. McNair's demotion affected the terms and conditions of McNair's employment. ANSWER: Defendant denies the allegations in paragraph 75 of the Complaint. 76. On or around May 21, 2022, Big Male Resident entered McNair's workspace in an area where residents were not permitted ("May 21 Incident"). ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 76 of the Complaint, and therefore denies the same 77. During the May 21 Incident, Big Male Resident screamed at McNair. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 77 of the Complaint, and therefore denies the same. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 17 78. During the May 21 Incident, Big Male Resident threatened McNair. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 78 of the Complaint, and therefore denies the same. 79. During the May 21 Incident, Big Male Resident threw lemonade at McNair. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 79 of the Complaint, and therefore denies the same. 80. Due to the May 21 Incident, McNair called the police. ANSWER: Defendant lacks information sufficient to form a belief as to the truth of the allegations in paragraph 80 of the Complaint, and therefore denies the same. 81. On or around June 4, 2022, Defendant terminated McNair's employment. ANSWER: Defendant admits the allegations in paragraph 81 of the Complaint. 82. McNair's termination was pretextual. ANSWER: Defendant denies the allegations in paragraph 82 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 18 83. Defendant terminated McNair's employment in retaliation for reporting discrimination. ANSWER: Defendant denies the allegations in paragraph 83 of the Complaint. 84. Defendant terminated McNair's employment in retaliation for reporting workplace safety concerns. ANSWER: Defendant denies the allegations in paragraph 84 of the Complaint. 85. Defendant terminated McNair's employment in retaliation for reporting potential criminal activity. ANSWER: Defendant denies the allegations in paragraph 85 of the Complaint. 86. Upon information and belief, Defendant has a progressive disciplinary policy ("Progressive Discipline Policy"). ANSWER: Defendant admits the allegations in paragraph 86 of the Complaint. 87. Defendant has used the Progressive Discipline Policy when disciplining employees who have not complained of discrimination. ANSWER: Defendant admits the allegations in paragraph 87 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 19 88. Defendant has used the Progressive Discipline Policy when disciplining employees who have not complained of workplace safety issues. ANSWER: Defendant admits the allegations in paragraph 88 of the Complaint. 89. Defendant has used the Progressive Discipline Policy when disciplining employees who have not complained of potential criminal conduct. ANSWER: Defendant admits the allegations in paragraph 89 of the Complaint. 90. Under the Progressive Discipline Policy, McNair had not received any meaningful discipline. ANSWER: Defendant denies the allegations in paragraph 90 of the Complaint. 91. Under the Progressive Discipline Policy, McNair had not received any written warnings. ANSWER: Defendant denies the allegations in paragraph 91 of the Complaint. 92. Under the Progressive Discipline Policy, McNair had not been suspended. ANSWER: Defendant admits the allegations in paragraph 92 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 20 93. Defendant skipped steps under the Progressive Discipline Policy when they demoted McNair's position. ANSWER: Defendant denies the allegations in paragraph 93 of the Complaint. 94. Defendant skipped steps under the Progressive Discipline Policy when they terminated McNair's employment. ANSWER: Defendant denies the allegations in paragraph 94 of the Complaint. 95. Skipping steps under the Progressive Discipline Policy is an adverse employment action. ANSWER: Defendant denies the allegations in paragraph 95 of the Complaint. 96. Skipping steps under the Progressive Discipline Policy is an adverse action. ANSWER: Defendant denies the allegations in paragraph 96 of the Complaint. 97. Defendant intentionally skipped steps under the Progressive Discipline Policy when they demoted McNair's position. ANSWER: Defendant denies the allegations in paragraph 97 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 21 98. Defendant intentionally skipped steps under the Progressive Discipline Policy when they terminated McNair's employment. ANSWER: Defendant denies the allegations in paragraph 98 of the Complaint. 99. Defendant willfully made the decision to skip steps under the Progressive Discipline Policy when they demoted McNair's position. ANSWER: Defendant denies the allegations in paragraph 99 of the Complaint. 100. Defendant willfully made the decision to skip steps under the Progressive Discipline Policy when they terminated McNair's employment. ANSWER: Defendant denies the allegations in paragraph 100 of the Complaint. 101. Demoting McNair's position was an adverse employment action. ANSWER: Defendant denies the allegations in paragraph 101 of the Complaint. 102. Terminating McNair's employment was an adverse employment action. ANSWER: Defendant denies the allegations in paragraph 102 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 22 103. Demoting McNair's position was an adverse action. ANSWER: Defendant denies the allegations in paragraph 103 of the Complaint. 104. Terminating McNair's employment was an adverse action. ANSWER: Defendant denies the allegations in paragraph 104 of the Complaint. 105. Defendant intentionally demoted McNair's position. ANSWER: Defendant denies the allegations in paragraph 105 of the Complaint. 106. Defendant intentionally terminated McNair's employment. ANSWER: Defendant admits the allegations in paragraph 106 of the Complaint. 107. Defendant willfully made the decision to demote McNair's position. ANSWER: Defendant denies the allegations in paragraph 107 of the Complaint. 108. Defendant willfully made the decision to terminate McNair's employment. ANSWER: Defendant admits the allegations in paragraph 108 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 23 109. Defendant demoted McNair's position in violation of the Progressive Discipline Policy in retaliation for reporting discrimination. ANSWER: Defendant denies the allegations in paragraph 109 of the Complaint. 110. Defendant demoted McNair's position in violation of the Progressive Discipline Policy in retaliation for reporting workplace safety issues. ANSWER: Defendant denies the allegations in paragraph 110 of the Complaint. 111. Defendant demoted McNair's position in violation of the Progressive Discipline Policy in retaliation for reporting potential criminal conduct. ANSWER: Defendant denies the allegations in paragraph 111 of the Complaint. 112. Defendant terminated McNair's employment in violation of the Progressive Discipline Policy in retaliation for reporting discrimination. ANSWER: Defendant denies the allegations in paragraph 112 of the Complaint. 113. Defendant terminated McNair's employment in violation of the Progressive Discipline Policy in retaliation for reporting workplace safety issues. ANSWER: Defendant denies the allegations in paragraph 113 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 24 114. Defendant terminated McNair's employment in violation of the Progressive Discipline Policy in retaliation for reporting potential criminal conduct. ANSWER: Defendant denies the allegations in paragraph 114 of the Complaint. COUNT I: VIOLATION OF OHIO WHISTLEBLOWERS STATUTE R.C. § 4113.52 115. McNair restates each and every prior paragraph of this Complaint, as if it were fully restated herein. ANSWER: In response to Paragraph 115 of the Complaint, Defendant incorporates each of its responses to the preceding allegations as if fully restated herein. 116. During her employment, McNair made verbal reports of dangerous and/or unlawful activities to Defendant. ANSWER: Defendant denies the allegations in paragraph 116 of the Complaint. 117. During her employment, McNair made written reports of dangerous and/or unlawful activities to Defendant. ANSWER: Defendant denies the allegations in paragraph 117 of the Complaint. 118. McNair verbally complained to Defendant regarding conduct that created an imminent risk of physical harm to persons. ANSWER: Defendant denies the allegations in paragraph 118 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 25 119. McNair complained in writing to Defendant regarding conduct that created an imminent risk of physical harm to persons. ANSWER: Defendant denies the allegations in paragraph 119 of the Complaint. 120. McNair verbally complained to Defendant about conduct that was a crime and/or posed an imminent risk of physical harm to persons and/or a hazard to public health or safety. ANSWER: Defendant denies the allegations in paragraph 120 of the Complaint. 121. McNair complained in writing to Defendant about conduct that was a crime and/or posed an imminent risk of physical harm to persons and/or a hazard to public health or safety. ANSWER: Defendant denies the allegations in paragraph 121 of the Complaint. 122. McNair gave Defendant an opportunity to cure the reported misconduct. ANSWER: Defendant denies the allegations in paragraph 122 of the Complaint. 123. Defendant failed to conduct a complete investigation of the reported misconduct. ANSWER: Defendant denies the allegations in paragraph 123 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 26 124. Defendant failed to take appropriate corrective action following the reported misconduct. ANSWER: Defendant denies the allegations in paragraph 124 of the Complaint. 125. Defendant retaliated against McNair by demoting her position following the reported misconduct. ANSWER: Defendant denies the allegations in paragraph 125 of the Complaint. 126. Defendant retaliated against McNair by terminating her employment following the reported misconduct. ANSWER: Defendant denies the allegations in paragraph 126 of the Complaint. 127. Defendant retaliated against McNair by applying employment policies in an unfair manner toward McNair. ANSWER: Defendant denies the allegations in paragraph 127 of the Complaint. 128. Defendant's demotion of McNair's position was in violation of R.C. § 4113.52. ANSWER: Defendant denies the allegations in paragraph 128 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 27 129. Defendant's termination of McNair's employment was in violation of R.C. § 4113.52. ANSWER: Defendant denies the allegations in paragraph 129 of the Complaint. 130. As a direct and proximate result of Defendant's conduct, McNair suffered and will continue to suffer damages, including economic and emotional distress damages. ANSWER: Defendant denies the allegations in paragraph 130 of the Complaint. COUNT II: WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 131. McNair restates each and every prior paragraph of this Complaint, as if it were fully restated herein. ANSWER: In response to Paragraph 131 of the Complaint, Defendant incorporates each of its responses to the preceding allegations as if fully restated herein. 132. A clear public policy exists and is manifested in Ohio statutes and/or administrative regulations, or in the common law, against terminating and/or retaliating against an employee because she engages in protected activity under Ohio law. ANSWER: Defendant responds that Ohio statutes, administrative regulations, and common law speak for themselves. To the extent a further response is required, Defendant denies the allegations in paragraph 132 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 28 133. A clear public policy exists and is manifested in R.C. § 4101.11 stating that "[e]very employer shall furnish employment which is safe for the employees engaged therein," and "[n]o employer shall require, permit, or suffer any employee to go or be in any employment or place of employment which is not safe ... " ANSWER: Defendant responds that R.C. § 4101.11 speaks for itself. To the extent a further response is required, Defendant denies the allegations in paragraph 133 of the Complaint. 134. The Ohio Supreme Court recognized that Ohio allows an individual to seek a public policy claim if she is terminated in retaliation for reporting to her employer that she is forced to work in an unsafe work environment. Greeley v. Miami Valley Maintenance Contrs., Inc, (1990), 49 Ohio St.3d 228. See also Pytlinski v. Brocar Products, Inc, 94 Ohio St.3d 77 (Ohio 2011); Jenkins v. Cent. Transp., Inc, No. 09CV525, 2010 WL 420027 (n.D. Ohio Jan. 29, 2010). ANSWER: Defendant responds that the cited Ohio Supreme Court decisions speak for themselves. To the extent a further response is required, Defendant denies the allegations in paragraph 134 of the Complaint. 135. McNair's complaints are supported by the holding in Pytlinsld. ANSWER: Defendant denies the allegations in paragraph 135 of the Complaint. 136. A clear public policy exists and is manifested in Ohio statutes, and/or administrative regulations, or in the common law, against terminating an employee based on her complaints of dangerous, unsafe, or illegal activity. ANSWER: Defendant responds that Ohio statutes, administrative regulations, and common law speak for themselves. To the extent a further response is required, Defendant denies the allegations in Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 29 paragraph 136 of the Complaint. 137. A clear public policy exists in Ohio and is manifested in R.C. § 2903.21, Aggravated Menacing. ANSWER: Defendant responds that R.C. § 2903.21 speaks for itself. To the extent a further response is required, Defendant denies the allegations in paragraph 137 of the Complaint. 138. Alternatively, a clear public policy exists in Ohio and is manifested in R.C. § 2903.22, Menacing. ANSWER: Defendant responds that R.C. § 2903.22 speaks for itself. To the extent a further response is required, Defendant denies the allegations in paragraph 138 of the Complaint. 139. Both Aggravated Menacing and Menacing are offenses of violence as defined by R.C. § 2901.0l(A)(9). ANSWER: Defendant responds that R.C. § 2901.0l(A)(9) speaks for itself. To the extent a further response is required, Defendant denies the allegations in paragraph 139 of the Complaint. 140. During her employment, McNair complained to Defendant pertaining to conduct that was reasonably believed to be a violation of clear public policy. ANSWER: Defendant denies the allegations in paragraph 140 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 30 141. Following her complaints, Defendant demoted McNair's position. ANSWER: Defendant denies the allegations in paragraph 141 of the Complaint. 142. Following her complaints, Defendant terminated McNair's employment. ANSWER: Defendant admits it terminated McNair's employment. Defendant denies the remaining allegations in paragraph 142 of the Complaint. 143. Defendant's demotion of McNair's position jeopardized these public policies. ANSWER: Defendant denies the allegations in paragraph 143 of the Complaint. 144. Defendant's termination of McNair's employment jeopardizes these public policies. ANSWER: Defendant denies the allegations in paragraph 144 of the Complaint. 145. Defendant's demotion of McNair's position was motivated by conduct related to these public policies. ANSWER: Defendant denies the allegations in paragraph 145 of the Complaint. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 31 146. Defendant's termination of McNair's employment was motivated by conduct related to these public policies. ANSWER: Defendant denies the allegations in paragraph 146 of the Complaint. 147. Defendant had no overriding business justification for demoting McNair's position. ANSWER: Defendant denies the allegations in paragraph 147 of the Complaint. 148. Defendant had no overriding business justification for terminating McNair's employment. ANSWER: Defendant denies the allegations in paragraph 148 of the Complaint. 149. As a direct and proximate result of Defendant's conduct, McNair has suffered and will continue to suffer damages, including economic and emotional distress damages. ANSWER: Defendant denies the allegations in paragraph 149 of the Complaint. DEMAND FOR RELIEF 1. Defendant specifically denies any unlawful conduct and further denies that Plaintiff is entitled to any of the relief requested in her "Demand for Relief or any other relief. 2. Defendant specifically denies each and every allegation not specifically admitted herein. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 32 AFFIRMATIVE AND ADDITIONAL DEFENSES Defendant, for its affirmative and additional defenses to the Complaint, asserts the following relative to Plaintiffs claims (the existence of which is expressly denied): 1. Plaintiffs Complaint fails to state claims upon which relief can be granted. 2. Plaintiff was an at-will employee that Defendant could terminate for any legal reason, or no reason at all. 3. Plaintiffs Complaint, and each claim therein, fails to state facts sufficient for recovery of attorneys’ fees or other litigation expenses. 4. Plaintiff’s claims are barred, in whole or in part, by the applicable statute of limitations. 5. Plaintiff’s claims are barred, in whole or in part, by the equitable doctrines of waiver, estoppel, laches, consent, and/or unclean hands. 6. Plaintiff’s claims are barred, in whole or in part, due to any failure to exhaust available internal remedies. 7. To the extent punitive damages are available as a remedy for Plaintiff’s claims, any claim for punitive damages must be denied because Defendant did not willfully violate any law with respect to its treatment of Plaintiff, and any actions taken by Defendant regarding Plaintiff were taken in good faith, in accordance with Defendant’s internal policies against discrimination/retaliation, and not taken wantonly, with malice, in bad faith and/or with reckless indifference to Plaintiff's protected rights. 8. Plaintiff’s alleged damages are speculative and remote. Electronically Filed 12/29/2022 15:59 / ANSWERS / CV 22 971846 / Confirmation Nbr. 2736762 / BATCH 33 9. Defendant’s actions with respect to Plaintiff were for good, just, lawful, and legitimate non-discriminatory reasons and, therefore, Defendant is relieved from any liability or obligation to Plaintiff. 10. Defendant would have taken the same actions regardless of Plaintiff’s alleged complaint. 11. Plaintiff’s damages, if any, were solely the result of her own actions or inaction, unaffected by Defendant in any way. 12. Plaintiff has failed to mitigate her alleged damages, if any. 13. Plaintiff’s damages, if any, should be offset by any subsequent earnings or benefits received by Plaintiff. 14. At all times relevant to her lawsuit, Plaintiff was treated in a manner consistent with similarly situated employees outside of her protected class. 15. Plaintiff’s claims are barred and/or limited by the after-acquired evidence doctrine. 16. Defendant asserts that if Plaintiff alleges to have suffered from emotional distress, it was proximately caused, in whole or in part, by factors other than Plaintiff’s employment and/or actions of Defend