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RETURN DATE: October 20, 2020
____________________________________
CHELSEA OWENS, : SUPERIOR COURT
:
Plaintiff, :
: JUDICIAL DISTRICT OF NEW BRITAIN
v. : AT NEW BRITAIN
:
BRISTOL HOSPITAL AND :
HEALTHCARE GROUP INC., and :
GEROUND KELLEY, :
: AUGUST 26, 2020
Defendants. :
____________________________________:
COMPLAINT
JURISDICTION AND VENUE
1. This action arises under the Connecticut Fair Employment Practices Act (“CFEPA”),
Conn. Gen. Stat. 46a-60, et seq.; and Connecticut state law.
2. Plaintiff filed a timely claim with the Connecticut Commission on Human Rights and
Opportunities (“CHRO”) and received a Release of Jurisdiction for each individual
Defendant on June 8, 2020.
PLAINTIFF
3. The Plaintiff, Chelsea Owens ("Plaintiff" or "Owens") resides at 336 Main Street, Apt 10,
Bristol, CT 06010.
DEFENDANTS
4. The Defendant, Bristol Hospital and Healthcare Group Inc. ("Defendant" or "Bristol
Hospital") is registered with and conducts business within the State of Connecticut,
conducting substantial business at 41 Brewster Road, Bristol, Connecticut, where Plaintiff
was employed.
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5. The Defendant, Geround Kelley (“Defendant” or “Kelley”) is a natural person and a
resident of Connecticut. Upon information and belief, Kelley resides in New Britain,
Connecticut. Kelley was employed as Plaintiff’s supervisor at Bristol Hospital at all times
relevant.
6. Bristol Hospital employs more than twenty (20) employees.
FACTUAL ALLEGATIONS
7. Plaintiff was hired by Bristol Hospital on June 24, 2018, for the Central Sterile Supply
Technician.
8. Plaintiff always fulfilled the duties of her position in a satisfactory manner.
9. Plaintiff had no prior complaints of staff, and likewise. Plaintiff had not had any
disciplinary reprimands, write-ups, or any performance-related issues.
10. On March 25, 2019, Bristol Hospital hired Kelley as the Materials and Central Sterile
Supply Manager. In that position, Kelley was Owens’ supervisor.
11. Thereafter, Kelley subjected Plaintiff to repetitive unwelcomed sexually harassing conduct
and inappropriate comments causing her severe emotional distress and mental anguish.
12. One of those unfortunate interactions occurred in mid-April, 2019. At that time, Kelley,
witnessed by two other employees, Jonathan Chicker (“Chicker”) and Isaiah Hendrix
(“Hendrix”), attempted to engage Plaintiff in a highly sexually-oriented unwelcomed
conversation.
13. Kelley inappropriately asked Plaintiff, what race she sleeps with, or put another way, has
sexual intercourse with.
14. Plaintiff found Kelley’s comment unwelcomed, lewd, inappropriate, sexually harassing,
appalling, and uncomfortable.
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15. Continuing his harassment, another time, Kelley began asking Plaintiff specific details
regarding her son’s birth; specifically, if she had her baby vaginally. Kelley pried for
intimate information about Plaintiff’s personal life exceeding all boundaries of even
colloquial conversation and far beyond appropriate supervisor conversation.
A. Owens Engages in Protected Activity and Complains about her Supervisor
Kelley’s Sexually Harassing Comments Multiple Times
16. Seeking protection and support that employees are lawfully entitled to receive from their
employer, Plaintiff reported Kelley’s sexual harassment and abusive conduct to Catrice
Sandt (“Sandt”), Human Resources (“HR”).
17. Owens complained to Sandt that Kelley was unprofessional and that he discussed personal
issues with employees, including asking her if her baby was delivered vaginally.
18. Owens then complained to Kelley’s manager, Nancy LaMonica (“LaMonica”), Director of
Surgical Services, Professional Development and Magnet, that Mr. Kelley made her
uncomfortable and that he previously had asked her what race she sleeps with, i.e.,has
sexual intercourse with.
19. Unfortunately, neither Sandt nor LaMonica appropriately addressed Kelley’s sexual
harassment, leaving Plaintiff exposed not only to more harassment under the sexually
demeaning atmosphere created by Kelley, but also subjected Plaintiff to retaliatory
treatment at the hands of her supervisor Kelley.
20. Bristol Hospital failed to address Owens’ meritorious complaints of harassment, leaving
her hopeless, unprotected in the workplace, and physically unsafe.
B. Owens is Retaliated Against for Complaining about Her Supervisor Kelley’s
Sexually Harassing Comments and Inappropriate Conduct
21. In or about mid-July, 2019, a new position for a second shift team lead position was posted
and Owens expressed her intention to apply for the position to Kelley.
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22. However, Kelley actively deterred Owens from applying for the position by informing
other employees that he would not even consider her for the promotion, despite her
qualifications. Importantly, the decision of the selected candidate was considerably most
at his will.
23. Plaintiff, complained for a third time, to Marie Howell (“Howell”) HR Business Partner,
on August 1, 2019, to report that she believed that Kelley was retaliating against her,
expecting for Howell to appropriately remedy the matter.
24. Kelley’s retaliatory conduct towards Owens became so severe and abusive that he also
threatened to take away her preplanned and agreed to vacation time, just days before she
was scheduled to leave for vacation, and then proceeded to disrespectfully berate her,
pointedly calling her a “liar” and “not trustworthy.”
25. The severity of Kelley’s unwelcomed sexually harassing conduct, and the failure of Bristol
Hospital to address this loathsome behavior, is in violation of Bristol Hospital’s code of
conduct and has caused Owens severe emotional distress and mental anguish, directly
attributable to her work environment, to the extent of requiring her to seek mental health
treatment.
26. On August 30, 2019, Christine Hedden, Systems Director, Employee Engagement and
Relations, emailed Owens and notified her that the Hospital was not able to conclude that
any policies were violated.
27. Owens was forced to take time off of work and undergo mental health treatment for the
severe emotional distress caused by Bristol Hospital with Gerard Marcil, M. S., SAP,
LADC.
28. On September 6, 2019, Owens’ mental health therapist Mr. Marcil opined that “Ms. Owens
… spoke a great deal about her feelings of anxiety and fear regarding her recent
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administrative leave from work and the possibility of returning to work” and that he
recommends “Ms. Owens remain out of work … and continue weekly counseling.”
(emphasis added).
29. Following the clear instructions of her mental health provider to not return to work, on
September 22, 2019, Owens emailed, Christine Hedden, stating,
Good Morning Christine,
Pursuant to my attached Therapist’s recommendation, I'm writing to
inform you that I am resigning from my position effective
immediately. I feel that I am left with no choice in light of my recent
experiences of retaliation, harassment, and a hostile work
environment, making my work environment unsuitable. As you
know, I have complained about this on numerous occasions.
I have attached my most recent Therapist’s Letter, which states that
“it is not in my best interest to return to work with my current
employer.”
Thank you.
(emphasis supplied)
30. Plaintiff, rather than further jeopardize her well-being, constructively discharged from
Bristol Hospital on September 22, 2019.
COUNT ONE
SEXUAL HARASSMENT,
IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(8), AS TO BRISTOL HOSPITAL
31. Plaintiff hereby incorporates Paragraphs 1-30 with the same force and impact as if fully set
forth herein.
32. On March 25, 2019, Geround Kelley was hired and became Plaintiff’s direct supervisor.
33. Upon his hire, Kelley subjected Ms. Owens to perverse, repetitive, and unwelcomed
sexually harassing conduct.
-5-
34. Kelley’s sexual harassment ran the gamut from inquiring about what race the Plaintiff
prefers to have sexual intercourse with to asking intimate details as to whether or not she
had her baby delivered vaginally.
35. Plaintiff reported Kelley’s sexual harassment and abusive conduct to HR and upper-
management twice.
36. The first time, Plaintiff complained to Sandt, in Human Resources, and the second time
she complained to LaMonica, Director of Surgical Services, Professional Development and
Magnet.
37. Regretfully, Sandt and LaMonica both failed to adequately address Plaintiff’s serious
complaints and by doing so, left her exposed to more harassment and subsequent
retaliation.
38. Plaintiff’s workplace became so unsuitable to the extent of forcing her to constructively
discharge following recommendations of her treating doctor.
39. The Plaintiff was sexually harassed, including, but not limited to:
a) Asking the Plaintiff what race she has sexual intercourse with; and
b) Asking the Plaintiff if she delivered her baby vaginally.
40. The sexually harassing comments were because of the Plaintiff’s female sex and gender,
were unwelcomed, and severe and pervasive.
41. As a result of Kelley’s unchecked sexually harassing conduct, Owens was forced to
constructively discharge on September 22, 2019, per her mental health therapist’s
instructions to not return to work.
42. Defendant's actions are in violation of Conn. Gen. Stat. § 46a-60(b)(8).
43. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer
damages including but not limited to lost wages, fringe benefits, health insurance,
-6-
emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's
pleasures and activities.
44. Plaintiff is seeking damages as a result of Defendant's unlawful conduct
COUNT TWO
FEMALE SEX AND GENDER DISCRIMINATION,
IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(1), AS TO BRISTOL HOSPITAL
45. Plaintiff hereby incorporates Paragraphs 1-44 with the same and impact as if fully set forth
herein.
46. Plaintiff is a female.
47. The Plaintiff was treated disparately due to her female sex and gender, including, but not
limited to:
a) Asking the Plaintiff what race she has sexual intercourse with;
b) Asking the Plaintiff if she delivered her baby vaginally;
c) Failing to consider Plaintiff for a promotion she was otherwise qualified for;
d) Berating the Plaintiff, calling her a “liar” and “not trustworthy;”
e) Threatening to take away Owens’ preplanned and agreed to vacation time,
just days before she was scheduled to leave for vacation; and
f) Forcing her to constructively discharge on September 22, 2019.
48. Defendant's actions are in violation of Conn. Gen. Stat. § 46A-60(b)(1).
49. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer
damages including but not limited to lost wages, fringe benefits, health insurance,
emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's
pleasures and activities.
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50. Plaintiff is seeking damages as a result of Defendant's unlawful conduct.
COUNT THREE
RETALIATION,
IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(4), AS TO BRISTOL HOSPITAL
51. Plaintiff hereby incorporates Paragraphs 1-50 with the same and impact as if fully set forth
herein.
52. Plaintiff engaged in protected activity by reporting the inappropriate conduct and sexual
harassment of her direct supervisor two times, engaging in protected activity each time.
53. Subsequent to her engagement in protected activity, Plaintiff suffered multiple
retaliatory and adverse employment actions, including, but not limited to the following:
a) Failing to consider Plaintiff for a promotion she was otherwise qualified for;
b) Berating the Plaintiff, calling her a “liar” and “not trustworthy;”
c) Threatening to take away Owens’ preplanned and agreed to vacation time,
just days before she was scheduled to leave for vacation; and
d) Forcing her to constructively discharge on September 22, 2019.
54. Plaintiff lodged a formal complaint against Kelley to Howell, the HR Business Partner, on
August 1, 2019, to report that she believed that Mr. Kelley was retaliating against her.
55. Defendant's retaliatory actions were motivated by Plaintiff’s complaints of harassment.
56. Defendant’s conduct is in violation of Conn. Gen. Stat. § 46a-60(b)(4).
57. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer
damages including but not limited to lost wages, fringe benefits, health insurance,
emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's
pleasures and activities.
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58. Plaintiff is seeking damages as a result of Defendant's unlawful conduct.
COUNT FOUR
HOSTILE WORK ENVIRONMENT,
IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(1), AS TO BRISTOL HOSPITAL
59. Plaintiff hereby incorporates Paragraphs 1-58 with the same and impact as if fully set forth
herein.
60. Defendant created a hostile work environment that was permeated with discriminatory
intimidation, ridicule, and insult, that was sufficiently severe or pervasive to alter the
conditions of the Owens’ employment.
61. Defendant’s hostile work environment, includes, but, is not limited to, the following:
a) Asking the Plaintiff what race she has sexual intercourse with;
b) Asking the Plaintiff if she delivered her baby vaginally;
c) Failing to consider Plaintiff for a promotion she was otherwise qualified for;
d) Berating the Plaintiff, calling her a “liar” and “not trustworthy;”
e) Threatening to take away Owens’ preplanned and agreed to vacation time,
just days before she was scheduled to leave for vacation; and
f) Forcing her to constructively discharge on September 22, 2019.
62. The Defendant violated Conn. Gen. Stat. § 46a-60(b)(1) by creating and maintaining a
hostile work environment.
63. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer
damages including but not limited to lost wages, fringe benefits, health insurance,
emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's
pleasures and activities.
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64. Plaintiff is seeking damages as a result of Defendant's unlawful conduct.
COUNT FIVE
NEGLIGENT SUPERVISION,
AS TO BRISTOL HOSPITAL
65. Plaintiff hereby incorporates Paragraphs 1-64 with the same and impact as if fully set forth
herein.
66. After notification of Kelley’s first act of sexual misconduct, Bristol Hospital knew or
reasonably should have known of Kelley’s propensity to engage in that type of conduct.
67. Bristol Hospital failed to take prompt and effective remedial action, causing additional
misconduct and retaliation by Kelley.
68. The Plaintiff was forced to continue to be subjected to a hostile and harassing work
environment as a result of the Defendant’s negligent supervision of its employee.
69. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer
damages including but not limited to lost wages, fringe benefits, health insurance,
emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's
pleasures and activities.
70. Plaintiff is seeking damages as a result of Defendant's unlawful conduct.
COUNT SIX
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS,
AS TO BRISTOL HOSPITAL
71. Plaintiff hereby incorporates Paragraphs 1-70 with the same force and impact, as if fully
set forth herein.
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72. The Defendant's conduct was extreme and outrageous and was intended to cause the
Plaintiff emotional distress.
73. The severity of Kelley’s unwelcomed sexually harassing conduct, and the failure of Bristol
Hospital to address this loathsome behavior, caused Plaintiff severe emotional distress and
mental anguish, directly attributable to her work environment, to the extent of requiring
her to seek mental health treatment with mental health therapist, Gerard Marcil, M. S.,
SAP, LADC.
74. On September 6, 2019, Owens’ mental health therapist Mr. Marcil opined that, “Ms.
Owens had “anxiety and fear” which had been caused by her work environment.
75. Kelley’s aforementioned conduct which caused the Plaintiff anxiety and fear was extreme
and outrageous.
76. As a result of the Defendant's conduct, the Plaintiff had to constructively discharge and
suffered lost wages and benefits of employment.
77. As a result of the Defendant's conduct, the Plaintiff has suffered severe emotional distress
78. Plaintiff is seeking damages as a result of Defendant's unlawful conduct
COUNT SEVEN
AIDING AND ABETTING RETALIATION,
IN VIOLATION OF THE CONNECTICUT FAIR EMPLOYMENT PRACTICES ACT,
CONN. GEN. STAT. § 46A-60(B)(5) AS TO GEROUND KELLEY
79. Plaintiff hereby incorporates Paragraphs 1-78 with the same force and impact as if fully set
forth herein.
80. Geround Kelley aided, abetted, incited, and compelled and/or coerced Bristol Hospital’s
unlawful actions against Plaintiff.
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81. Kelley’s violation in this regard was willful and in reckless disregard for Plaintiff’s rights
under Conn. Gen. Stat. § 46A-60(b)(5).
82. Plaintiff is seeking damages as a result of Defendant, Kelley’s unlawful conduct
PRAYER FOR RELIEF
Wherefore the Plaintiff prays that this court award:
1. Money damages;
2. Costs;
3. Punitive damages, attorney fees, and expert witness fees;
4. Pre-judgment interest
5. Trial by jury; and
6. Such other relief as the Court deems just, fair, and equitable.
THE PLAINTIFF,
CHELSEA OWENS
By: ___________/s/______________
Michael C. McMinn (#423555)
THE MCMINN EMPLOYMENT
LAW FIRM, LLC
1000 Lafayette Blvd., Suite 1100
Bridgeport, CT 06604
Tel: (203) 683-6007
Fax: (203) 680-9881
michael@mcminnemploymentlaw.com
COUNSEL FOR PLAINTIFF
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RETURN DATE: October 20, 2020
____________________________________
CHELSEA OWENS, : SUPERIOR COURT
:
Plaintiff, :
: JUDICIAL DISTRICT OF NEW BRITAIN
v. : AT NEW BRITAIN
:
BRISTOL HOSPITAL AND :
HEALTHCARE GROUP INC., and :
GEROUND KELLEY, :
: AUGUST 26, 2020
Defendants. :
____________________________________:
STATEMENT OF AMOUNT IN DEMAND
The amount in demand is not less than fifteen thousand dollars ($ 15,000.00) exclusive of
interest and costs.
THE PLAINTIFF,
CHELSEA OWENS
By: ___________/s/______________
Michael C. McMinn (#423555)
THE MCMINN EMPLOYMENT
LAW FIRM, LLC
1000 Lafayette Blvd., Suite 1100
Bridgeport, CT 06604
Tel: (203) 683-6007
Fax: (203) 680-9881
michael@mcminnemploymentlaw.com
COUNSEL FOR PLAINTIFF
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Preview
RETURN DATE: October 20, 2020 ____________________________________ CHELSEA OWENS, : SUPERIOR COURT : Plaintiff, : : JUDICIAL DISTRICT OF NEW BRITAIN v. : AT NEW BRITAIN : BRISTOL HOSPITAL AND : HEALTHCARE GROUP INC., and : GEROUND KELLEY, : : AUGUST 26, 2020 Defendants. : ____________________________________: COMPLAINT JURISDICTION AND VENUE 1. This action arises under the Connecticut Fair Employment Practices Act (“CFEPA”), Conn. Gen. Stat. 46a-60, et seq.; and Connecticut state law. 2. Plaintiff filed a timely claim with the Connecticut Commission on Human Rights and Opportunities (“CHRO”) and received a Release of Jurisdiction for each individual Defendant on June 8, 2020. PLAINTIFF 3. The Plaintiff, Chelsea Owens ("Plaintiff" or "Owens") resides at 336 Main Street, Apt 10, Bristol, CT 06010. DEFENDANTS 4. The Defendant, Bristol Hospital and Healthcare Group Inc. ("Defendant" or "Bristol Hospital") is registered with and conducts business within the State of Connecticut, conducting substantial business at 41 Brewster Road, Bristol, Connecticut, where Plaintiff was employed. -1- 5. The Defendant, Geround Kelley (“Defendant” or “Kelley”) is a natural person and a resident of Connecticut. Upon information and belief, Kelley resides in New Britain, Connecticut. Kelley was employed as Plaintiff’s supervisor at Bristol Hospital at all times relevant. 6. Bristol Hospital employs more than twenty (20) employees. FACTUAL ALLEGATIONS 7. Plaintiff was hired by Bristol Hospital on June 24, 2018, for the Central Sterile Supply Technician. 8. Plaintiff always fulfilled the duties of her position in a satisfactory manner. 9. Plaintiff had no prior complaints of staff, and likewise. Plaintiff had not had any disciplinary reprimands, write-ups, or any performance-related issues. 10. On March 25, 2019, Bristol Hospital hired Kelley as the Materials and Central Sterile Supply Manager. In that position, Kelley was Owens’ supervisor. 11. Thereafter, Kelley subjected Plaintiff to repetitive unwelcomed sexually harassing conduct and inappropriate comments causing her severe emotional distress and mental anguish. 12. One of those unfortunate interactions occurred in mid-April, 2019. At that time, Kelley, witnessed by two other employees, Jonathan Chicker (“Chicker”) and Isaiah Hendrix (“Hendrix”), attempted to engage Plaintiff in a highly sexually-oriented unwelcomed conversation. 13. Kelley inappropriately asked Plaintiff, what race she sleeps with, or put another way, has sexual intercourse with. 14. Plaintiff found Kelley’s comment unwelcomed, lewd, inappropriate, sexually harassing, appalling, and uncomfortable. -2- 15. Continuing his harassment, another time, Kelley began asking Plaintiff specific details regarding her son’s birth; specifically, if she had her baby vaginally. Kelley pried for intimate information about Plaintiff’s personal life exceeding all boundaries of even colloquial conversation and far beyond appropriate supervisor conversation. A. Owens Engages in Protected Activity and Complains about her Supervisor Kelley’s Sexually Harassing Comments Multiple Times 16. Seeking protection and support that employees are lawfully entitled to receive from their employer, Plaintiff reported Kelley’s sexual harassment and abusive conduct to Catrice Sandt (“Sandt”), Human Resources (“HR”). 17. Owens complained to Sandt that Kelley was unprofessional and that he discussed personal issues with employees, including asking her if her baby was delivered vaginally. 18. Owens then complained to Kelley’s manager, Nancy LaMonica (“LaMonica”), Director of Surgical Services, Professional Development and Magnet, that Mr. Kelley made her uncomfortable and that he previously had asked her what race she sleeps with, i.e.,has sexual intercourse with. 19. Unfortunately, neither Sandt nor LaMonica appropriately addressed Kelley’s sexual harassment, leaving Plaintiff exposed not only to more harassment under the sexually demeaning atmosphere created by Kelley, but also subjected Plaintiff to retaliatory treatment at the hands of her supervisor Kelley. 20. Bristol Hospital failed to address Owens’ meritorious complaints of harassment, leaving her hopeless, unprotected in the workplace, and physically unsafe. B. Owens is Retaliated Against for Complaining about Her Supervisor Kelley’s Sexually Harassing Comments and Inappropriate Conduct 21. In or about mid-July, 2019, a new position for a second shift team lead position was posted and Owens expressed her intention to apply for the position to Kelley. -3- 22. However, Kelley actively deterred Owens from applying for the position by informing other employees that he would not even consider her for the promotion, despite her qualifications. Importantly, the decision of the selected candidate was considerably most at his will. 23. Plaintiff, complained for a third time, to Marie Howell (“Howell”) HR Business Partner, on August 1, 2019, to report that she believed that Kelley was retaliating against her, expecting for Howell to appropriately remedy the matter. 24. Kelley’s retaliatory conduct towards Owens became so severe and abusive that he also threatened to take away her preplanned and agreed to vacation time, just days before she was scheduled to leave for vacation, and then proceeded to disrespectfully berate her, pointedly calling her a “liar” and “not trustworthy.” 25. The severity of Kelley’s unwelcomed sexually harassing conduct, and the failure of Bristol Hospital to address this loathsome behavior, is in violation of Bristol Hospital’s code of conduct and has caused Owens severe emotional distress and mental anguish, directly attributable to her work environment, to the extent of requiring her to seek mental health treatment. 26. On August 30, 2019, Christine Hedden, Systems Director, Employee Engagement and Relations, emailed Owens and notified her that the Hospital was not able to conclude that any policies were violated. 27. Owens was forced to take time off of work and undergo mental health treatment for the severe emotional distress caused by Bristol Hospital with Gerard Marcil, M. S., SAP, LADC. 28. On September 6, 2019, Owens’ mental health therapist Mr. Marcil opined that “Ms. Owens … spoke a great deal about her feelings of anxiety and fear regarding her recent -4- administrative leave from work and the possibility of returning to work” and that he recommends “Ms. Owens remain out of work … and continue weekly counseling.” (emphasis added). 29. Following the clear instructions of her mental health provider to not return to work, on September 22, 2019, Owens emailed, Christine Hedden, stating, Good Morning Christine, Pursuant to my attached Therapist’s recommendation, I'm writing to inform you that I am resigning from my position effective immediately. I feel that I am left with no choice in light of my recent experiences of retaliation, harassment, and a hostile work environment, making my work environment unsuitable. As you know, I have complained about this on numerous occasions. I have attached my most recent Therapist’s Letter, which states that “it is not in my best interest to return to work with my current employer.” Thank you. (emphasis supplied) 30. Plaintiff, rather than further jeopardize her well-being, constructively discharged from Bristol Hospital on September 22, 2019. COUNT ONE SEXUAL HARASSMENT, IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(8), AS TO BRISTOL HOSPITAL 31. Plaintiff hereby incorporates Paragraphs 1-30 with the same force and impact as if fully set forth herein. 32. On March 25, 2019, Geround Kelley was hired and became Plaintiff’s direct supervisor. 33. Upon his hire, Kelley subjected Ms. Owens to perverse, repetitive, and unwelcomed sexually harassing conduct. -5- 34. Kelley’s sexual harassment ran the gamut from inquiring about what race the Plaintiff prefers to have sexual intercourse with to asking intimate details as to whether or not she had her baby delivered vaginally. 35. Plaintiff reported Kelley’s sexual harassment and abusive conduct to HR and upper- management twice. 36. The first time, Plaintiff complained to Sandt, in Human Resources, and the second time she complained to LaMonica, Director of Surgical Services, Professional Development and Magnet. 37. Regretfully, Sandt and LaMonica both failed to adequately address Plaintiff’s serious complaints and by doing so, left her exposed to more harassment and subsequent retaliation. 38. Plaintiff’s workplace became so unsuitable to the extent of forcing her to constructively discharge following recommendations of her treating doctor. 39. The Plaintiff was sexually harassed, including, but not limited to: a) Asking the Plaintiff what race she has sexual intercourse with; and b) Asking the Plaintiff if she delivered her baby vaginally. 40. The sexually harassing comments were because of the Plaintiff’s female sex and gender, were unwelcomed, and severe and pervasive. 41. As a result of Kelley’s unchecked sexually harassing conduct, Owens was forced to constructively discharge on September 22, 2019, per her mental health therapist’s instructions to not return to work. 42. Defendant's actions are in violation of Conn. Gen. Stat. § 46a-60(b)(8). 43. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer damages including but not limited to lost wages, fringe benefits, health insurance, -6- emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's pleasures and activities. 44. Plaintiff is seeking damages as a result of Defendant's unlawful conduct COUNT TWO FEMALE SEX AND GENDER DISCRIMINATION, IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(1), AS TO BRISTOL HOSPITAL 45. Plaintiff hereby incorporates Paragraphs 1-44 with the same and impact as if fully set forth herein. 46. Plaintiff is a female. 47. The Plaintiff was treated disparately due to her female sex and gender, including, but not limited to: a) Asking the Plaintiff what race she has sexual intercourse with; b) Asking the Plaintiff if she delivered her baby vaginally; c) Failing to consider Plaintiff for a promotion she was otherwise qualified for; d) Berating the Plaintiff, calling her a “liar” and “not trustworthy;” e) Threatening to take away Owens’ preplanned and agreed to vacation time, just days before she was scheduled to leave for vacation; and f) Forcing her to constructively discharge on September 22, 2019. 48. Defendant's actions are in violation of Conn. Gen. Stat. § 46A-60(b)(1). 49. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer damages including but not limited to lost wages, fringe benefits, health insurance, emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's pleasures and activities. -7- 50. Plaintiff is seeking damages as a result of Defendant's unlawful conduct. COUNT THREE RETALIATION, IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(4), AS TO BRISTOL HOSPITAL 51. Plaintiff hereby incorporates Paragraphs 1-50 with the same and impact as if fully set forth herein. 52. Plaintiff engaged in protected activity by reporting the inappropriate conduct and sexual harassment of her direct supervisor two times, engaging in protected activity each time. 53. Subsequent to her engagement in protected activity, Plaintiff suffered multiple retaliatory and adverse employment actions, including, but not limited to the following: a) Failing to consider Plaintiff for a promotion she was otherwise qualified for; b) Berating the Plaintiff, calling her a “liar” and “not trustworthy;” c) Threatening to take away Owens’ preplanned and agreed to vacation time, just days before she was scheduled to leave for vacation; and d) Forcing her to constructively discharge on September 22, 2019. 54. Plaintiff lodged a formal complaint against Kelley to Howell, the HR Business Partner, on August 1, 2019, to report that she believed that Mr. Kelley was retaliating against her. 55. Defendant's retaliatory actions were motivated by Plaintiff’s complaints of harassment. 56. Defendant’s conduct is in violation of Conn. Gen. Stat. § 46a-60(b)(4). 57. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer damages including but not limited to lost wages, fringe benefits, health insurance, emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's pleasures and activities. -8- 58. Plaintiff is seeking damages as a result of Defendant's unlawful conduct. COUNT FOUR HOSTILE WORK ENVIRONMENT, IN VIOLATION OF CONN. GEN. STAT. § 46A-60(B)(1), AS TO BRISTOL HOSPITAL 59. Plaintiff hereby incorporates Paragraphs 1-58 with the same and impact as if fully set forth herein. 60. Defendant created a hostile work environment that was permeated with discriminatory intimidation, ridicule, and insult, that was sufficiently severe or pervasive to alter the conditions of the Owens’ employment. 61. Defendant’s hostile work environment, includes, but, is not limited to, the following: a) Asking the Plaintiff what race she has sexual intercourse with; b) Asking the Plaintiff if she delivered her baby vaginally; c) Failing to consider Plaintiff for a promotion she was otherwise qualified for; d) Berating the Plaintiff, calling her a “liar” and “not trustworthy;” e) Threatening to take away Owens’ preplanned and agreed to vacation time, just days before she was scheduled to leave for vacation; and f) Forcing her to constructively discharge on September 22, 2019. 62. The Defendant violated Conn. Gen. Stat. § 46a-60(b)(1) by creating and maintaining a hostile work environment. 63. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer damages including but not limited to lost wages, fringe benefits, health insurance, emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's pleasures and activities. -9- 64. Plaintiff is seeking damages as a result of Defendant's unlawful conduct. COUNT FIVE NEGLIGENT SUPERVISION, AS TO BRISTOL HOSPITAL 65. Plaintiff hereby incorporates Paragraphs 1-64 with the same and impact as if fully set forth herein. 66. After notification of Kelley’s first act of sexual misconduct, Bristol Hospital knew or reasonably should have known of Kelley’s propensity to engage in that type of conduct. 67. Bristol Hospital failed to take prompt and effective remedial action, causing additional misconduct and retaliation by Kelley. 68. The Plaintiff was forced to continue to be subjected to a hostile and harassing work environment as a result of the Defendant’s negligent supervision of its employee. 69. As a result of the foregoing conduct, Plaintiff has suffered and will continue to suffer damages including but not limited to lost wages, fringe benefits, health insurance, emotional and psychological distress, stress, anxiety, and loss of the ability to enjoy life's pleasures and activities. 70. Plaintiff is seeking damages as a result of Defendant's unlawful conduct. COUNT SIX INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, AS TO BRISTOL HOSPITAL 71. Plaintiff hereby incorporates Paragraphs 1-70 with the same force and impact, as if fully set forth herein. -10- 72. The Defendant's conduct was extreme and outrageous and was intended to cause the Plaintiff emotional distress. 73. The severity of Kelley’s unwelcomed sexually harassing conduct, and the failure of Bristol Hospital to address this loathsome behavior, caused Plaintiff severe emotional distress and mental anguish, directly attributable to her work environment, to the extent of requiring her to seek mental health treatment with mental health therapist, Gerard Marcil, M. S., SAP, LADC. 74. On September 6, 2019, Owens’ mental health therapist Mr. Marcil opined that, “Ms. Owens had “anxiety and fear” which had been caused by her work environment. 75. Kelley’s aforementioned conduct which caused the Plaintiff anxiety and fear was extreme and outrageous. 76. As a result of the Defendant's conduct, the Plaintiff had to constructively discharge and suffered lost wages and benefits of employment. 77. As a result of the Defendant's conduct, the Plaintiff has suffered severe emotional distress 78. Plaintiff is seeking damages as a result of Defendant's unlawful conduct COUNT SEVEN AIDING AND ABETTING RETALIATION, IN VIOLATION OF THE CONNECTICUT FAIR EMPLOYMENT PRACTICES ACT, CONN. GEN. STAT. § 46A-60(B)(5) AS TO GEROUND KELLEY 79. Plaintiff hereby incorporates Paragraphs 1-78 with the same force and impact as if fully set forth herein. 80. Geround Kelley aided, abetted, incited, and compelled and/or coerced Bristol Hospital’s unlawful actions against Plaintiff. -11- 81. Kelley’s violation in this regard was willful and in reckless disregard for Plaintiff’s rights under Conn. Gen. Stat. § 46A-60(b)(5). 82. Plaintiff is seeking damages as a result of Defendant, Kelley’s unlawful conduct PRAYER FOR RELIEF Wherefore the Plaintiff prays that this court award: 1. Money damages; 2. Costs; 3. Punitive damages, attorney fees, and expert witness fees; 4. Pre-judgment interest 5. Trial by jury; and 6. Such other relief as the Court deems just, fair, and equitable. THE PLAINTIFF, CHELSEA OWENS By: ___________/s/______________ Michael C. McMinn (#423555) THE MCMINN EMPLOYMENT LAW FIRM, LLC 1000 Lafayette Blvd., Suite 1100 Bridgeport, CT 06604 Tel: (203) 683-6007 Fax: (203) 680-9881 michael@mcminnemploymentlaw.com COUNSEL FOR PLAINTIFF -12- RETURN DATE: October 20, 2020 ____________________________________ CHELSEA OWENS, : SUPERIOR COURT : Plaintiff, : : JUDICIAL DISTRICT OF NEW BRITAIN v. : AT NEW BRITAIN : BRISTOL HOSPITAL AND : HEALTHCARE GROUP INC., and : GEROUND KELLEY, : : AUGUST 26, 2020 Defendants. : ____________________________________: STATEMENT OF AMOUNT IN DEMAND The amount in demand is not less than fifteen thousand dollars ($ 15,000.00) exclusive of interest and costs. THE PLAINTIFF, CHELSEA OWENS By: ___________/s/______________ Michael C. McMinn (#423555) THE MCMINN EMPLOYMENT LAW FIRM, LLC 1000 Lafayette Blvd., Suite 1100 Bridgeport, CT 06604 Tel: (203) 683-6007 Fax: (203) 680-9881 michael@mcminnemploymentlaw.com COUNSEL FOR PLAINTIFF -13-