Perry County Hampton Inn Lawsuit

Filed 19-CI-00109 03/21/2019 NOTCircuit
Charles Ira Patterson, Perry ORIGINAL DOCUMENT

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COMMONWEALTH OF KENTUCKY
PERRY CIRCUIT COURT
CIVIL ACTION NO. _________________
JASON FIELDS PLAINTIFF
VS.
HAMPTON INN & SUITES;

EMPLOYEE RESOURCE GROUP, LLC;
And SHARON LINDON DEFENDANTS
Serve: Employee Resource Group, LLC

Registered Agent, Aroma Bates
601 Main Street Suite 102
Hazard, Kentucky 41701
Serve: Sharon Lindon

Hampton Inn & Suites
Presiding Judge: HON. ALISON C. WELLS (633348)

70 Morton Blvd
Serve: Hampton Inn & Suites

c/o Sharon Lindon
70 Morton Blvd
COMPLAINT
The Plaintiff, JASON FIELDS (hereinafter “Plaintiff” or “Jason”), via
counsel, submits the following as his Complaint against the Defendants,
HAMPTON INN & SUITES, EMPLOYEE RESOURCE GROUP, LLC, and

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SHARON LINDON.
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Filed 19-CI-00109 03/21/2019 Charles Ira Patterson, Perry Circuit Clerk
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JURISDICTION AND VENUE
1. The Plaintiff, Jason Fields, at all relevant times herein, was a
resident of Leslie County. His mailing address was and is 982
Granny Fork Road, Smilax, Kentucky 41764.
2. The Defendant, Hampton Inn & Suites, is located at 70 Morton
Blvd., Hazard, Kentucky 41701. It may be served through its
Manager, Sharon Lindon, located at 70 Morton Blvd., Hazard,
Kentucky 41701.
3. The Defendant, Employee Resource Group, LLC, is a Kentucky
corporation, with a principal office located at 601 Main Street,
Suite 102, Hazard, Kentucky 41701. It may be served through its

registered agent, Aroma Bates, located at 601 Main Street, Suite
102, Hazard, Kentucky 41701.
4. The Defendant, Employee Resource Group, LLC, was the entity
listed on the pay checks of the employees of Hampton Inn &
Suites.
5. The Defendant, Sharon Lindon, is the manager of Hampton Inn &
Suites located at 70 Morton Blvd., Hazard, Kentucky 41701. She
may be served at 70 Morton Blvd., Hazard, Kentucky 41701.
6. The amount in controversy exceeds the jurisdictional requirements

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of this Court.
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FACTS COMMON TO ALL COUNTS
7. The Plaintiff began to work for the Hampton Inn in or around June
2016.
8. The Plaintiff was hired in the position of front desk employee on
second shift.
9. Second shift hours were approximately 3:00 p.m. through 11:00
p.m.
10. When the Plaintiff was hired, the manager, Defendant Sharon
Lindon (“Lindon”), discovered that the Plaintiff was going through a
divorce.
11. Lindon informed the Plaintiff that she was a member of the

Common Bond Christian Fellowship Ministries. The church met at
the Worship & Warfare Center at 229 Lovern Street, Hazard,
Kentucky 41702.
12. Lindon told the Plaintiff that the reason for his marital problems
was that he had demons.
13. Lindon told the Plaintiff that if he were going to work for her he
had to be cleansed.
14. Lindon told the Plaintiff she had been cleansed three or four times
and it was similar to an exorcism.

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15. The Plaintiff was also given a packet of papers by Lindon to be
completed and turned in. The packet contained 1 page of
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instructions, 2 pages containing a release and indemnity
agreement, and 9 pages of questions.
16. The packet was printed on red construction paper and contained
many personal questions which would be irrelevant to his
employment status.
17. The form given to the Plaintiff, which Lindon demanded that he
complete, contained a number of questions, including, but not
limited to, the following:
a) What is your church background?

b) Briefly explain your conversion experience.
c) Were you baptized as a child?
d) In one word, who is Jesus Christ to you?
e) What does the blood of Calvary mean to you?

f) Is repentance part of your Christian life?
g) What is your prayer life like?
h) Were you a planned child?
i) Were you conceived out of wedlock?
j) Have you personally ever had psychiatric counseling?
k) Have you, your parents or grandparents been in any
cults?
l) Have you ever made a pact with the devil?
m) Have you ever been involved in Eastern religion?
n) Have you ever visited heathen temples?
o) Do you have any witches, such as “good luck kitchen
witches,” in your home?
p) Do you have lustful thoughts?
q) To your knowledge, was their evidence of lust in your
family line?
r) Do you frequently masturbate?
s) Have you ever been a victim of incest by a family
member?
t) Have you ever committed incest, rape or molested
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anyone?
u) Have you ever committed fornication, adultery, been with
prostitutes, had homosexual or lesbian desires or
experience?
v) Have you ever sexually fantasized about an animal?
w) Have you been in involved in oral or anal sex?
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x) Have you fathered a child that has been aborted?

y) Has pornography ever attracted you?
z) Do you have desires of having sex with a child?
18. Under the question “Have you, your parents or grandparents been
in any cults?”, the following items, with many others, were listed to
be circled:
a) Christian Science
b) Jehovah’s Witness
c) Unification Church
d) Children of Love
e) Buddhism
f) Native religions
g) Mormons
h) Islam
19. Questions were also listed to be answered as to whether Jason, or

any close family member, belonged to any of the following:
a) Freemason
b) Shriner
c) Elk
d) Oddfellow
e) Mormon
20. The Plaintiff was told once he had completed the questionnaire, he
would need to meet Lindon at the church and have a cleansing
performed.
21. At first, the Plaintiff did not complete the form.
22. The Plaintiff was repeatedly questioned by Lindon as to when he
was going to have the form completed.

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23. The Plaintiff, under pressure from Lindon and the desire to keep
his job, finally completed the form.
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24. The Plaintiff refused to turn the form over to Lindon due to the
extremely personal nature of the questions that he had, under
duress, answered.
25. The Plaintiff has the form and will produce it.
26. The Plaintiff refused to participate in any exorcism.
27. After the Plaintiff refused to complete the form, and then after he
completed it, but refused to give it to Lindon, and then refused to
participate in a cleansing, (1) his shift was changed, (2) his job
duties changed, (3) he was not allowed to take his days off, (4) he
was threatened daily concerning the loss of his job, and (5) he did
not receive a raise.

28. The Plaintiff was moved from second shift to third shift, with the
new hours being approximately 11:00 p.m. through 7:00 a.m.
29. While employed, on at least three separate occasions, Lindon
brought individuals from her ministry, Common Bond Christian
Fellowship Ministries, to the Hampton Inn lobby to have prayer for
the Plaintiff.
30. The Plaintiff was told to go into the lobby for the prayers for him
and this occurred in front of guests.
31. The Plaintiff was not a willing participant in this activity and was
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embarrassed in front of guests and employees.
32. Other employees actually heard the guests talking about these
incidents.
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33. The Plaintiff was under the impression that either Marty or Teresa
Johnson were involved somehow in the ownership of Hampton Inn
& Suites.
34. The Plaintiff was under the impression that they were located in
Lexington, Kentucky.
35. The Plaintiff indicated that he wanted to talk to them to report the
ongoing issues at work.
36. The Plaintiff was told that he was not allowed to contact either of
the Johnsons and that he would be immediately fired if he did so.
37. Because of the continuing harassment and discrimination, the
Plaintiff had to leave his job.

CAUSES OF ACTION
COUNT I
(RELIGIOUS DISCRIMINATION)
38. Paragraphs 1 through 37 of the Complaint are incorporated by
reference in this count as if set out in full.
39. The conduct of the Defendants constitute intentional and unlawful
discrimination against the Plaintiff on the basis of religion in direct
violation of KRS Chapter 344 with respect to terms, conditions and
privileges of his employment.
40. The discrimination against the Plaintiff occurred because he did

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not share the same religious beliefs of his manager, Sharon
Lindon.
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41. Religious discrimination claims brought by an employee who does
not share the same religious beliefs of his employer have been
recognized under case law. See, e.g., Shapolia v. Los Alamos
National Laboratory, 992 F.2d 1033 (10th Cir. 1993); Noyes v. Kelly
Services, 488 F.3d 1163 (9th Cir. 2007); Blalock v. Metals Trades,
Inc., 775 F.2d 703 (6th Cir. 1985).
42. As a proximate result of the discriminatory conduct, Jason has
been deprived and continues to be deprived of past and future
wages, and other terms, conditions and privileges of employment
because of his religion in violation of KRS Chapter 344, which he
would otherwise have enjoyed absent the discrimination.

43. As a further proximate result of the discriminatory conduct and
omissions, the Plaintiff has suffered, and continues to suffer,
humiliation and embarrassment.
44. As a direct and proximate result of the conduct and omissions,
Jason is entitled to recover his actual damages sustained as a
result, including compensatory damages and damages for
humiliation and embarrassment, in an amount in excess of the
jurisdictional limits of this court, as well as a reasonable amount
for her attorneys’ fees.

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COUNT II
(RELIGIOUS HOSTILE WORK ENVIRONMENT)

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46. The conduct of the Defendants constitutes intentional and
unlawful harassment against the Plaintiff on the basis of religion in
direct violation of KRS Chapter 344 with respect to terms,
conditions and privileges of his employment.
47. The Plaintiff was (1) subjected to unwelcome harassment, (2) the
harassment was based on the Plaintiff’s failure to share the same
religious beliefs as his employer, and (3) the harassment created a
hostile work environment.
48. As a proximate result of the harassing conduct, Jason has been
deprived and continues to be deprived of past and future wages,
and other terms, conditions and privileges of employment because

of his religion in violation of KRS Chapter 344, which he would
otherwise have enjoyed absent the discrimination.
49. As a further proximate result of the harassing conduct, the Plaintiff
has suffered, and continues to suffer, humiliation and
embarrassment.
50. As a direct and proximate result of the harassment, Jason is
entitled to recover his actual damages sustained as a result,
including compensatory damages and damages for humiliation and
embarrassment, in an amount in excess of the jurisdictional limits

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of this court, as well as a reasonable amount for his attorneys’
fees.
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COUNT III
(CONSTRUCTIVE DISCHARGE)
52. The Defendants, through their conduct, deliberately created
intolerable working conditions.
53. The working conditions were perceived by the Plaintiff, as well as
his co-workers, standing in the position of reasonable persons, as
intolerable.
54. Lindon made it clear to the Plaintiff that absent his adherence to
her religious beliefs, specifically completing the packet of questions

and consenting to a cleansing, he would not be allowed to work at
the Hampton Inn.
55. Due to the intolerable working conditions, Plaintiff was forced to
quit his job.
56. As a direct and proximate result of the outrageous acts and
omissions, the Plaintiff suffered and continues to suffer damages
for humiliation and embarrassment for all of which he is entitled to
recover compensatory damages.
57. Said outrageous acts were further committed with malice,
oppression and/or willful and wanton disregard of the rights of the

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Plaintiff for which he is entitled to recover punitive damages.
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COUNT IV
(TORT OF OUTRAGE)
59. The Defendants’ conduct as set forth herein, is outrageous and
beyond the bounds of conduct acceptable in civilized society, and
constitutes outrageous conduct and/or intentional infliction of
emotional distress under Kentucky law.
60. The Defendants’ conduct, as described above, is a deviation from
all reasonable bounds of decency, as a matter of law and public
policy, and is, therefore, both outrageous and extreme per se.

61. Such outrageous and extreme acts by the Defendants were
committed intentionally and/or recklessly, so as to cause severe
emotional and physical distress to the Plaintiff.
62. As a direct and proximate result of the outrageous acts and
omissions, the Plaintiff suffered and continues to suffer damages
for humiliation and embarrassment for all of which he is entitled to
recover compensatory damages.
63. Said outrageous acts were further committed with malice,
oppression and/or willful and wanton disregard of the rights of the
Plaintiff for which he is entitled to recover punitive damages.

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RELIEF
WHEREFORE, the Plaintiff demands judgment as follows:
1. Trial by Jury;
2. Judgment against the Defendants for his actual damages, with
interest thereon at the legal rate;
3. Judgment against the Defendants for general and compensatory
damages, with interest thereon;
4. Judgment against the Defendants for punitive damages;
5. An award of his costs and reasonable attorney’s fees herein, and;
6. For any and all further relief to which Plaintiff may appear to be
entitled.

By: Cheryl U. Lewis
Cheryl U. Lewis
Attorney at Law
P.O. Box 1927
Hyden, Kentucky 41749
Telephone: (606) 672-4200
Facsimile: (606) 672-4100
ATTORNEY FOR THE PLAINTIFF,
JASON FIELDS
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Perry County Hampton Inn Lawsuit

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Perry County Hampton Inn Lawsuit

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Filed 19-CI-00109 03/21/2019 NOTCircuit

Charles Ira Patterson, Perry ORIGINAL DOCUMENT

JASON FIELDS PLAINTIFF

HAMPTON INN & SUITES;

Serve: Employee Resource Group, LLC

Serve: Sharon Lindon

Presiding Judge: HON. ALISON C. WELLS (633348)

Serve: Hampton Inn & Suites

The Plaintiff, JASON FIELDS (hereinafter “Plaintiff” or “Jason”), via

counsel, submits the following as his Complaint against the Defendants,

HAMPTON INN & SUITES, EMPLOYEE RESOURCE GROUP, LLC, and

JURISDICTION AND VENUE

1. The Plaintiff, Jason Fields, at all relevant times herein, was a

resident of Leslie County. His mailing address was and is 982

Granny Fork Road, Smilax, Kentucky 41764.

2. The Defendant, Hampton Inn & Suites, is located at 70 Morton

Blvd., Hazard, Kentucky 41701. It may be served through its

Manager, Sharon Lindon, located at 70 Morton Blvd., Hazard,

3. The Defendant, Employee Resource Group, LLC, is a Kentucky

corporation, with a principal office located at 601 Main Street,

Suite 102, Hazard, Kentucky 41701. It may be served through its

Presiding Judge: HON. ALISON C. WELLS (633348)

102, Hazard, Kentucky 41701.

4. The Defendant, Employee Resource Group, LLC, was the entity

listed on the pay checks of the employees of Hampton Inn &

5. The Defendant, Sharon Lindon, is the manager of Hampton Inn &

Suites located at 70 Morton Blvd., Hazard, Kentucky 41701. She

may be served at 70 Morton Blvd., Hazard, Kentucky 41701.

6. The amount in controversy exceeds the jurisdictional requirements

FACTS COMMON TO ALL COUNTS

8. The Plaintiff was hired in the position of front desk employee on

9. Second shift hours were approximately 3:00 p.m. through 11:00

Lindon (“Lindon”), discovered that the Plaintiff was going through a

Presiding Judge: HON. ALISON C. WELLS (633348)

the Worship & Warfare Center at 229 Lovern Street, Hazard,

was that he had demons.

and it was similar to an exorcism.

15. The Plaintiff was also given a packet of papers by Lindon to be

completed and turned in. The packet contained 1 page of

instructions, 2 pages containing a release and indemnity

agreement, and 9 pages of questions.

many personal questions which would be irrelevant to his

complete, contained a number of questions, including, but not

limited to, the following:

a) What is your church background?

Presiding Judge: HON. ALISON C. WELLS (633348)

x) Have you fathered a child that has been aborted?

19. Questions were also listed to be answered as to whether Jason, or

Presiding Judge: HON. ALISON C. WELLS (633348)

would need to meet Lindon at the church and have a cleansing

21. At first, the Plaintiff did not complete the form.

22. The Plaintiff was repeatedly questioned by Lindon as to when he

was going to have the form completed.

his job, finally completed the form.

extremely personal nature of the questions that he had, under

26. The Plaintiff refused to participate in any exorcism.

completed it, but refused to give it to Lindon, and then refused to

not receive a raise.

Presiding Judge: HON. ALISON C. WELLS (633348)

new hours being approximately 11:00 p.m. through 7:00 a.m.

29. While employed, on at least three separate occasions, Lindon

brought individuals from her ministry, Common Bond Christian

Fellowship Ministries, to the Hampton Inn lobby to have prayer for

and this occurred in front of guests.

embarrassed in front of guests and employees.

Johnson were involved somehow in the ownership of Hampton Inn

ongoing issues at work.