Case: 1:15-cv-00186-DAP Doc #: 1 Filed: 01/29/15 ... - DocumentCloud
Case: 1:15-cv-00186-DAP Doc #: 1 Filed: 01/29/15 1 of 15. PageID #: 1
UNITED
S TAT E S
DISTRICT
COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION (CLEVELAND)
CHRISTOPHER MANACCI 17819 Auburn Road
Chagrin Falls, Ohio 44023
JUDGE:
PLAINTIFF VS.
CASE
NO:
CASE WESTERN RESERVE UNIVERSITY
Frances Payne Bolton School of Nursing 1 0 9 0 0 E u c l i d Av e n u e
COMPLAINT
Cleveland, Ohio 44106-4904
D I S C R I M I N AT I O N ;
FOR
D I S C R I M I N AT I O N and
TO
ELIZABETH J. KEEPER
10900 Euclid Avenue Adelbert Hall, Room 311 Cleveland, OH 44106-7020
Statutory Agent For CASE WESTERN RESERVE UNIVERSITY
THE
GENDER PURSUANT
AMERICANS
WITH
D I S A B I L I T I E S A C T; H O S T I L E W O R K E N V I R O N M E N T; R E TA L I AT I O N ; A G E D I S C R I M I N AT I O N ; R E TA L I AT I O N ; D E F A M AT I O N AND BREACH OF CONTRACT
and
MARY
E.
KERR
Frances Payne Bolton School of Nursing Office of the Dean
1 0 9 0 0 E u c l i d Av e n u e
Cleveland, Ohio 44106-4904 and
CHRIS WINKLERMAN
Frances Payne Bolton School of Nursing Office 1 0 9 0 0 E u c l i d Av e n u e
Cleveland, Ohio 44106-4904 DEFENDANTS
Plaintiff demands a trial by jury on all issues triable of right by jury pursuant to Civ. R. 38.
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JURISDICTION
1. This action is brought pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17; Age Discrimination in Employment Act of 1967, as codified, 29 U.S.C. §§ 621 - 634; Americans with Disabilities Act of 1990, as codified, 42 U.S.C. §§ 12112 - 12117; the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C.A. § 1988; Chapter 4112 of the Ohio Revised Code; the Constitution of the United States of America; and the State of Constitution of Ohio
2. Plaintiff Christopher F. Manacci DNP, ACNP-C, a 52-year-old male, ("Dr. Manacci") filed
charges with the Equal Employment Opportunity Commission regarding Defendants' alleged discriminatory conduct on or about November 11, 2013 to protect his right to bring an action
in federal court. A copy of the Notice-of-Right-to-Sue letter issued by the Equal Employment Opportunity Commission is attached hereto as Exhibit A.
3. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division. This lawsuit is being filed in the Eastern Division because a substantial part of the events or
omissions giving rise to the claims alleged in this suit occurred in Cuyahoga County, which is within the Eastern Division.
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PARTIES
4. Christopher F. Manacci, a male, resides at 17819 Auburn Road Chagrin Falls, Ohio 44023, was, at all times material herein, the Director of the Flight Program in the Dorothy Ebersbach Academic Flight Center of the Frances Payne Bolton School of Nursing of Case Western Reserve University ("Flight Program") and/or a faculty member at the Frances Payne Bolton School of Nursing Case Western Reserve University. ("FPB") 5. The Frances Payne Bolton School of Nursing Case Western Reserve University is located at 10900 Euclid Avenue Cleveland, Ohio 44106-4904; at all relevant times, has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h); and at all relevant times has been a non profit corporation, incorporated in Ohio, doing business in the state of Ohio and has continuously had at least 15 employees. (FPB") 6. Mary E. Kerr ("Dean Kerr") is the Dean of FPB and at all times herein acted on her own and/or as an agent for Defendant FPB and is responsible for the administration and operation
of the FPB's business, including the hiring, assigning, and promoting of employees of FPB. 7. Chris Winkleman is an employee of FPB, as the Director of the ACNP Program, and at all times herein acted on her own and/or as an agent for Defendant FPB is, in part, responsible for the administration and operation of the FPB's business, including the supervising and promoting of employees of FPB. ("Winkleman")
8. Defendants Winkleman and Kerr are "persons" an "individual" and an "employer" with the meaning of Chapter 4112 of the Ohio Revised Code.
9. Plaintiff is an "employee" within the meaning of Chapter 4112 of the Ohio Revised Code.
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FACTS
10. Prior to his admission to FPB, Dr. Manacci was employed by Metro Health Center as a staff flight nurse for Metro Life Flight.
11. While at Metro and FPB, Dr. Manacci distinguished himself as an expert in the filed of Flight Nursing, received numerous awards, and published scholarly research in various trade publications. 12. In 2001, Dr. Manacci: a .
was appointed a clinical preceptor for undergraduate students making CWRU the first University to have a flight nurse as a clinical preceptor, specifically for student experience in flight nursing;
b.
developed concepts of using specially trained acute care nurse practitioners as flight nurses in critical care transport to elevate the level of care available to critically ill and injured; and
c .
was appointed as a Sarah Cole Hirsh Research Scholar and was offered by FPB a Graduate teaching assistant position for Fall 2001, working with undergraduate students.
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13. In 2001, the then Dean of Nursing, at FPB, asked Dr. Manacci to develop an ACNP flight nurse subspecialty program in flight nursing which he did.
14. In 2003, Dr. Manacci accepted reappointment by FPB as Instructor of Nursing and Director of the Flight Program at FPB.
15. While Dr. Manacci operated the Flight Program, the FBP was the beneficiary of a substantial funding in excess of 4.7 million dollars.
16. In 2012, Mary Kerr, PhD became Dean of FPB and of the Flight Nursing Program and began a course of action to oust Dr. Manacci as both an Instructor and the Director of the Flight Program because he was a male and over 50. 17. Prior to 2013, in consideration for Dr. Manacci's responsibilities as Director of the Flight Program, the Dean of FPB limited Dr. Manacci's teaching assignments to 4 semester hours per year so that he could not only continue as the Director of the Flight Program but also devote more time to further develop the Flight Program. 18. This remained constant until 2013 when Dean Kerr arbitrarily, capriciously and in retaliation for Dr. Manacci's exercise of his First Amendment changed his teaching and administration arrangements at FPB and eventually terminated him as a faculty member at FPB.
19. Contrary to Dr. Manacci's previous agreement with the previous Dean, Dean Kerr, increased Dr. Manacci's teaching assignments to 9 semester hours but did not reduce Dr. Manacci's administrative duties in the Flight Program. 20. Dr. Kerr's retaliatory actions, as set forth above, were designed to create a hostile work
environment, and to force Dr. Manacci to resign as a result of his exercise of his protected rights.
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21. In 2013, Dr. Manacci confidentially testified in a disciplinary hearing on behalf of Jason Barone, a male employee in FPB department of Communication and Marketing. 19. In support of Mr. Barone, Dr. Manacci testified that Mr. Barone's's work was outstanding and that Mr. Barone was instrumental in assisting with the development of the program in Japan. In addition. Dr. Manacci shared his belief that there was a discriminatory atmosphere within the school of nursing towards men and employees over 40. 20. Following Dr Manacci's testimony supporting Jason Barone, the Human Resources department contacted Dr. Manacci and informed him that Helen Jones (Jason Barone's supervisor) was aware that he testified on behalf of Mr. Barone but not to worry about "retaliation".
21. In January of 2014, Dr. Manacci participated in the 2013 Faculty Climate Survey, sponsored by C WRU, in which he was critical of Dean Kerr. 22. On May 7, 2014, Dr. Manacci met with Dr. Carol Savrin, his immediate supervisor, for his 2 0 1 3 a n n u a l r e v i e w.
23. As result of that interview. Dr. Savrin issued a letter to Dr. Manacci stating "During this past year your teaching evaluations were reasonable, putting you at the expected level of performance" and "You are below expected levels of performance in demonstrating scholarship. You had one article submitted." However, scholarship was not one of the two chosen categories for this evaluation. See, Exhibit B. 24. On May 13, 2014, Dr. Manacci sent a confidential email to William Baeslack Provost and
Executive Vice President at CWRU stating that he may have to resign because of the: a. Hostile work environment and retaliatory behaviors of the dean and others under her
direction, for my support of a staff member who was bullied by Helen Jones a Dean Kerr
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hire, who received the dean's support in forcing him out. This is compounded by her inability to work men at or above the age of 50 as evidenced by the departure of several since her arrival and after years of service; b. Dr. Chris Winkleman's interviewing of past students of Dr. Manacci under a coercive atmosphere; and c. Student hearsay student statements that, that by Dr. Winkleman's own admission were not part of the faculty evaluation process in her letter to the Dean Kerr. See, Exhibit C.
25. As a follow up to his meeting with Dr. Savrin, as is routine in preparation for an annual evaluation at FPB, Dr. Manacci met with Dean Kerr on May 14, 2014. 26. As a result of the meeting with Dean Kerr, Dean Kerr issued a reappointment letter to Dr. Manacci listing areas in which Dr. Manacci needed to improve contradicting Dr. Savrin's fact based conclusions without providing a factual basis, for her conclusions. 27. The reappointment letter concluded that, it was necessary for Dr. Manacci to participate in the UCITE program to improve his teaching and evaluation techniques. 28. Not only did Dean Kerr's reappointment letter contain several false and defamatory
statements that Dean Kerr knew or should have known not be true but the reappointment letter's criticisms did not follow the faculty evaluation guidelines. 29. The reappointment letter was designed to force Dr. Manacci to resign as the Director of the
Flight Program and as an Instructor at the FPB and to serve as a pretext for Dr. Manacci's termination if he did not resign.
30. Although Dr. Manacci disagreed with Dr. Kerr's unsupported conclusions and patently false and defamatory statements. Dr. Manacci agreed to participate in the UCIT Program.
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31. On or about May 14, 2014, Dean Kerr, without proffering any reason, asked Dr, Manacci to resign as the Director of the Flight Program, which he refused to do. 32. On May 27, 2014, effective July 1, 2014, Dean Kerr arbitrarily and capriciously and in retaliation for Dr. Manacci's exercise of his protected rights, removed Manacci as the Director of the Flight Program and replaced him with a younger and less qualified female. 33. On or about June 13, 2014, despite Dr. Manacci following Dean Kerr's instruction to participate in the UCITE Program, Dean Kerr arbitrarily and capriciously because he was a male and in retaliation for Dr. Manacci's exercise of his protected rights terminated. Dr. Manacci's faculty appointment and replaced him with a younger and less qualified female. 34. The unlawful employment practices complained supra were intentional and done with malice
or with reckless indifference to the federally and state protected rights of Dr. Manacci. FIRST CAUSE GENDER
OF ACTION
D I S C R I M I N AT I O N
35. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
36. Dr. Manacci's Supervisor and the Dean of the FPB, who both are female, were aware of Dr. Manacci's gender.
37. Dr. Manacci was subjected to different terms and conditions of employment than his female counterparts.
38. Because of his gender, the Defendants removed Dr. Manacci as the Director of the Flight Program and replaced with a less qualified female.
39. Because of his gender, the Defendants discharged Dr. Manacci as an instructor at FBP and replaced him with a less qualified female.
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40. No reasonable cause or justification existed to subject Dr. Manacci to different terms and conditions of employment than his female counterparts. 41. Dr. Manacci's job performance sufficiently met the FPB legitimate expectations. 42. Dr. Manacci was repeatedly harassed and intimidated by Winklemen and Dean Kerr. 43. There was no reasonable cause or justification to intimidate; harass; and disparately treat Dr. Manacci.
44. The Defendants have discriminated against Dr. Manacci based upon gender, and potentially other factors, in direct violation of 42 U. S. C. §1981, 42 U.S.C. §2000e-2, Ohio Rev. Code Chapter 4112 and potentially other provisions of law. 45. As a direct and proximate result of such wrongdoing. Dr. Manacci has suffered lost wages and earnings, impairment of his earning capacity, and impairment of his professional reputation, humiliation, emotional distress, mental anguish, and other serious damages. These losses are expected to be permanent and ongoing.
SECOND
CAUSE
OF
ACTION
AMERICANS WITH DISABILITIES ACT (ADA) 46. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
47. Dr. Manacci suffers from Attention Deficit Disorder, a permanent disability making him unable to keep attention on tasks, organize activities and causes forgetfulness in pending activities and avoidance of things that require long periods of mental efforts or to perform similar tasks.
48. Dr. Manacci was otherwise qualified to perform the essential functions inherent in his position as Instructor at FPB and as director of the Flight Program.
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49. Defendants were aware of Dr. Manacci's disability directly and as was demonstrated by Dr. Barbra Daily, his doctoral committee chairperson and professor at FPB and validated by his assigned faculty mentor. 50. The Defendants could have easily accommodated Dr. Manacci's needs as the accommodations made by his doctoral committee chairperson and assigned a faculty mentor, which previously proved successful.
51. The Defendants did not accommodate Dr. Manacci in any way as it related to his job performance.
54. As a direct and proximate result of such wrongdoing. Dr. Manacci has suffered lost wages and earnings, impairment of his earning capacity, and impairment of his professional reputation, humiliation, emotional distress, mental anguish, and other serious damages. These losses are expected to be permanent and ongoing.
THIRD CAUSE OF ACTION HOSTILE
WORK
ENVIROMNET
55. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
56. Dr. Manacci was subject to unwelcome verbal, written comments and actions, from the Defendants based on his gender and age and a result of his exercising his protected rights. 57. The harassment had the effect of unreasonably interfering with Dr. Manacci work performance and created an intimidating, hostile, and offensive environment for men in general and particularly for Dr. Manacci.
58. Defendants knew or should have known that Dr. Manacci was being harassed and failed to take adequate action.
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59. As a direct and proximate result of Defendants' unlawful discrimination. Dr. Manacci has suffered a loss of wages and benefits, loss of reputation, humiliation, embarrassment and loss of self-esteem, adverse physical and emotional effects, and lost time and money endeavoring to protect himself from Defendants' unlawful discrimination, including costs and attorney's fees
FOURTH
CAUSE
OF
ACTION
R E TA L I AT I O N
60. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
61. Dr. Manacci engaged in a protected activity when he complained to or notified Defendants regarding Defendants continued pattern of gender discrimination, disparate treatment and age discrimination.
62. Dr. Manacci reported charges of discrimination to various administrative officials at the FPB, an activity protected by Title VII and Chapter 2114 of the ORG.
63. Defendants knew that Dr. Manacci was engaged in a protected activity and addressed the situation in a retaliatoiy and malicious manner by creating an environment that diminished Dr. Manacci's academic credibility; increasing his teaching assignments and reducing his pay; removing him from as the Director of the Flight Program and discharging him by failing to renew his contract.
64. As a direct and proximate result of Defendants' unlawful discrimination. Dr. Manacci has
suffered a loss of wages and benefits, loss of reputation, humiliation, embarrassment and loss
of self-esteem, adverse emotional effects, and lost time and money endeavoring to protect herself from Defendants' unlawful discrimination, including costs and attorney's fees.
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FIFTH CAUSE OF ACTION D E FA M AT I O N O F C H A R A C T E R
65. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
66. During Dr. Manacci's employment, Defendants engaged in a pattern of conduct that included verbal and written false and misleading statements designed to destroy Dr. Manacci's credibility at FBP and to force him to resign. 67. Based on Defendants false and misleading statements made about Dr. Manacci, Defendants have intentionally defamed Dr. Manacci's character and have caused irreparable damage to Dr. Manacci's reputation and relationships with business contacts that he may deal with in the future.
68. As a result of Defendants' defamation of character. Defendants have proximately caused damages to Dr. Manacci in an amount to be determined at trial.
SIXTH AGE
CAUSE
OF
ACTION
D I S C R I M I N AT I O N
69. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
70. Dr. Manacci is over 50 years of age. 71. Because of his age, the Defendants removed Dr. Manacci from his position as Director of the Flight Program, discharged Dr. Manacci as an instructor at FBP, and replaced him with a less qualified, younger female in both positions.
72. Dr. Manacci's job performance sufficiently met the FPB legitimate expectations and any proffered rationale for Defendant's actions were pretextual.
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73. As a direct and proximate result of Defendants' unlawful discrimination, Dr. Manacci has
suffered a loss of wages and benefits, loss of reputation, humiliation, embarrassment and loss of self-esteem, adverse emotional effects, and lost time and money endeavoring to protect herself from Defendeints' unlawful discrimination, including costs and attorney's fees.
SEVENTH BREACH
CAUSE OF
OF
ACTION
CONTRACT
74. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
75. Defendant FPB promise to Dr. Manacci that he would only be required to teach 4 hours per semester as long as he was the Director of the Flight Program to which Dr. Manacci agreed constituted an Employment Contract, 76. The Employment Contract was in effect on May 2014 when. Defendant FPB increased Dr. Manacci's teaching assignments to 9 semester hours but did not reduce Dr. Manacci's administrative duties in the Flight Program. 77. By engaging in the actions complained of herein, including, but not limited to, discriminating against Dr. Manacci, and retaliating against Dr. Manacci, FPB has breached the Employment Contract.
78. As a direct and proximate result of FPBs' breach of contract, DR. Manacci suffered and will continue to suffer damages, including, but not limited to, loss of salary, benefits, and other privileges and conditions of employment.
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79. Dr. Manacci is therefore entitled to all available remedies, including, but not limited to, compensatory damages, consequential damages, liquidated damages, and/or specific performance, and any other equitable remedies the Court deems appropriate. WHEREFORE, Dr. Manacci, respectfully prays for judgment against the Defendants, joint and severally, as follows:
A. Compensatory and punitive damages in the amount of $1,000,000.00 including wages and benefits lost as a result of retaliation by the Defendants; B. Costs of this suit;
C. Reasonable attorney's fees; and D. Order Defendants to make whole Dr. Manacci by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to reinstatement or front pay. E. Order Defendants to make whole Dr. Manacci by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts to be determined at trial. F. Order Defendants to make Dr. Manacci by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self esteem and loss of civil rights, in amounts to be determined at trial.
G. Order Defendants to pay Dr. Manacci punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
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H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award Dr. Manacci its costs of this action including his attorney fees.
Respectfully submitted, /S/ Thomas L. Colaluca
THOMAS L. COLALUCA (0011462) 1 4 0 0 We s t S i x t h S t r e e t Suite 300
Cleveland, Ohio 44113 (216)212-4023 Phone tlc(^coialuca-law.com
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UNITED
S TAT E S
DISTRICT
COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION (CLEVELAND)
CHRISTOPHER MANACCI 17819 Auburn Road
Chagrin Falls, Ohio 44023
JUDGE:
PLAINTIFF VS.
CASE
NO:
CASE WESTERN RESERVE UNIVERSITY
Frances Payne Bolton School of Nursing 1 0 9 0 0 E u c l i d Av e n u e
COMPLAINT
Cleveland, Ohio 44106-4904
D I S C R I M I N AT I O N ;
FOR
D I S C R I M I N AT I O N and
TO
ELIZABETH J. KEEPER
10900 Euclid Avenue Adelbert Hall, Room 311 Cleveland, OH 44106-7020
Statutory Agent For CASE WESTERN RESERVE UNIVERSITY
THE
GENDER PURSUANT
AMERICANS
WITH
D I S A B I L I T I E S A C T; H O S T I L E W O R K E N V I R O N M E N T; R E TA L I AT I O N ; A G E D I S C R I M I N AT I O N ; R E TA L I AT I O N ; D E F A M AT I O N AND BREACH OF CONTRACT
and
MARY
E.
KERR
Frances Payne Bolton School of Nursing Office of the Dean
1 0 9 0 0 E u c l i d Av e n u e
Cleveland, Ohio 44106-4904 and
CHRIS WINKLERMAN
Frances Payne Bolton School of Nursing Office 1 0 9 0 0 E u c l i d Av e n u e
Cleveland, Ohio 44106-4904 DEFENDANTS
Plaintiff demands a trial by jury on all issues triable of right by jury pursuant to Civ. R. 38.
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JURISDICTION
1. This action is brought pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17; Age Discrimination in Employment Act of 1967, as codified, 29 U.S.C. §§ 621 - 634; Americans with Disabilities Act of 1990, as codified, 42 U.S.C. §§ 12112 - 12117; the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C.A. § 1988; Chapter 4112 of the Ohio Revised Code; the Constitution of the United States of America; and the State of Constitution of Ohio
2. Plaintiff Christopher F. Manacci DNP, ACNP-C, a 52-year-old male, ("Dr. Manacci") filed
charges with the Equal Employment Opportunity Commission regarding Defendants' alleged discriminatory conduct on or about November 11, 2013 to protect his right to bring an action
in federal court. A copy of the Notice-of-Right-to-Sue letter issued by the Equal Employment Opportunity Commission is attached hereto as Exhibit A.
3. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division. This lawsuit is being filed in the Eastern Division because a substantial part of the events or
omissions giving rise to the claims alleged in this suit occurred in Cuyahoga County, which is within the Eastern Division.
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PARTIES
4. Christopher F. Manacci, a male, resides at 17819 Auburn Road Chagrin Falls, Ohio 44023, was, at all times material herein, the Director of the Flight Program in the Dorothy Ebersbach Academic Flight Center of the Frances Payne Bolton School of Nursing of Case Western Reserve University ("Flight Program") and/or a faculty member at the Frances Payne Bolton School of Nursing Case Western Reserve University. ("FPB") 5. The Frances Payne Bolton School of Nursing Case Western Reserve University is located at 10900 Euclid Avenue Cleveland, Ohio 44106-4904; at all relevant times, has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h); and at all relevant times has been a non profit corporation, incorporated in Ohio, doing business in the state of Ohio and has continuously had at least 15 employees. (FPB") 6. Mary E. Kerr ("Dean Kerr") is the Dean of FPB and at all times herein acted on her own and/or as an agent for Defendant FPB and is responsible for the administration and operation
of the FPB's business, including the hiring, assigning, and promoting of employees of FPB. 7. Chris Winkleman is an employee of FPB, as the Director of the ACNP Program, and at all times herein acted on her own and/or as an agent for Defendant FPB is, in part, responsible for the administration and operation of the FPB's business, including the supervising and promoting of employees of FPB. ("Winkleman")
8. Defendants Winkleman and Kerr are "persons" an "individual" and an "employer" with the meaning of Chapter 4112 of the Ohio Revised Code.
9. Plaintiff is an "employee" within the meaning of Chapter 4112 of the Ohio Revised Code.
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FACTS
10. Prior to his admission to FPB, Dr. Manacci was employed by Metro Health Center as a staff flight nurse for Metro Life Flight.
11. While at Metro and FPB, Dr. Manacci distinguished himself as an expert in the filed of Flight Nursing, received numerous awards, and published scholarly research in various trade publications. 12. In 2001, Dr. Manacci: a .
was appointed a clinical preceptor for undergraduate students making CWRU the first University to have a flight nurse as a clinical preceptor, specifically for student experience in flight nursing;
b.
developed concepts of using specially trained acute care nurse practitioners as flight nurses in critical care transport to elevate the level of care available to critically ill and injured; and
c .
was appointed as a Sarah Cole Hirsh Research Scholar and was offered by FPB a Graduate teaching assistant position for Fall 2001, working with undergraduate students.
4
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13. In 2001, the then Dean of Nursing, at FPB, asked Dr. Manacci to develop an ACNP flight nurse subspecialty program in flight nursing which he did.
14. In 2003, Dr. Manacci accepted reappointment by FPB as Instructor of Nursing and Director of the Flight Program at FPB.
15. While Dr. Manacci operated the Flight Program, the FBP was the beneficiary of a substantial funding in excess of 4.7 million dollars.
16. In 2012, Mary Kerr, PhD became Dean of FPB and of the Flight Nursing Program and began a course of action to oust Dr. Manacci as both an Instructor and the Director of the Flight Program because he was a male and over 50. 17. Prior to 2013, in consideration for Dr. Manacci's responsibilities as Director of the Flight Program, the Dean of FPB limited Dr. Manacci's teaching assignments to 4 semester hours per year so that he could not only continue as the Director of the Flight Program but also devote more time to further develop the Flight Program. 18. This remained constant until 2013 when Dean Kerr arbitrarily, capriciously and in retaliation for Dr. Manacci's exercise of his First Amendment changed his teaching and administration arrangements at FPB and eventually terminated him as a faculty member at FPB.
19. Contrary to Dr. Manacci's previous agreement with the previous Dean, Dean Kerr, increased Dr. Manacci's teaching assignments to 9 semester hours but did not reduce Dr. Manacci's administrative duties in the Flight Program. 20. Dr. Kerr's retaliatory actions, as set forth above, were designed to create a hostile work
environment, and to force Dr. Manacci to resign as a result of his exercise of his protected rights.
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21. In 2013, Dr. Manacci confidentially testified in a disciplinary hearing on behalf of Jason Barone, a male employee in FPB department of Communication and Marketing. 19. In support of Mr. Barone, Dr. Manacci testified that Mr. Barone's's work was outstanding and that Mr. Barone was instrumental in assisting with the development of the program in Japan. In addition. Dr. Manacci shared his belief that there was a discriminatory atmosphere within the school of nursing towards men and employees over 40. 20. Following Dr Manacci's testimony supporting Jason Barone, the Human Resources department contacted Dr. Manacci and informed him that Helen Jones (Jason Barone's supervisor) was aware that he testified on behalf of Mr. Barone but not to worry about "retaliation".
21. In January of 2014, Dr. Manacci participated in the 2013 Faculty Climate Survey, sponsored by C WRU, in which he was critical of Dean Kerr. 22. On May 7, 2014, Dr. Manacci met with Dr. Carol Savrin, his immediate supervisor, for his 2 0 1 3 a n n u a l r e v i e w.
23. As result of that interview. Dr. Savrin issued a letter to Dr. Manacci stating "During this past year your teaching evaluations were reasonable, putting you at the expected level of performance" and "You are below expected levels of performance in demonstrating scholarship. You had one article submitted." However, scholarship was not one of the two chosen categories for this evaluation. See, Exhibit B. 24. On May 13, 2014, Dr. Manacci sent a confidential email to William Baeslack Provost and
Executive Vice President at CWRU stating that he may have to resign because of the: a. Hostile work environment and retaliatory behaviors of the dean and others under her
direction, for my support of a staff member who was bullied by Helen Jones a Dean Kerr
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hire, who received the dean's support in forcing him out. This is compounded by her inability to work men at or above the age of 50 as evidenced by the departure of several since her arrival and after years of service; b. Dr. Chris Winkleman's interviewing of past students of Dr. Manacci under a coercive atmosphere; and c. Student hearsay student statements that, that by Dr. Winkleman's own admission were not part of the faculty evaluation process in her letter to the Dean Kerr. See, Exhibit C.
25. As a follow up to his meeting with Dr. Savrin, as is routine in preparation for an annual evaluation at FPB, Dr. Manacci met with Dean Kerr on May 14, 2014. 26. As a result of the meeting with Dean Kerr, Dean Kerr issued a reappointment letter to Dr. Manacci listing areas in which Dr. Manacci needed to improve contradicting Dr. Savrin's fact based conclusions without providing a factual basis, for her conclusions. 27. The reappointment letter concluded that, it was necessary for Dr. Manacci to participate in the UCITE program to improve his teaching and evaluation techniques. 28. Not only did Dean Kerr's reappointment letter contain several false and defamatory
statements that Dean Kerr knew or should have known not be true but the reappointment letter's criticisms did not follow the faculty evaluation guidelines. 29. The reappointment letter was designed to force Dr. Manacci to resign as the Director of the
Flight Program and as an Instructor at the FPB and to serve as a pretext for Dr. Manacci's termination if he did not resign.
30. Although Dr. Manacci disagreed with Dr. Kerr's unsupported conclusions and patently false and defamatory statements. Dr. Manacci agreed to participate in the UCIT Program.
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31. On or about May 14, 2014, Dean Kerr, without proffering any reason, asked Dr, Manacci to resign as the Director of the Flight Program, which he refused to do. 32. On May 27, 2014, effective July 1, 2014, Dean Kerr arbitrarily and capriciously and in retaliation for Dr. Manacci's exercise of his protected rights, removed Manacci as the Director of the Flight Program and replaced him with a younger and less qualified female. 33. On or about June 13, 2014, despite Dr. Manacci following Dean Kerr's instruction to participate in the UCITE Program, Dean Kerr arbitrarily and capriciously because he was a male and in retaliation for Dr. Manacci's exercise of his protected rights terminated. Dr. Manacci's faculty appointment and replaced him with a younger and less qualified female. 34. The unlawful employment practices complained supra were intentional and done with malice
or with reckless indifference to the federally and state protected rights of Dr. Manacci. FIRST CAUSE GENDER
OF ACTION
D I S C R I M I N AT I O N
35. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
36. Dr. Manacci's Supervisor and the Dean of the FPB, who both are female, were aware of Dr. Manacci's gender.
37. Dr. Manacci was subjected to different terms and conditions of employment than his female counterparts.
38. Because of his gender, the Defendants removed Dr. Manacci as the Director of the Flight Program and replaced with a less qualified female.
39. Because of his gender, the Defendants discharged Dr. Manacci as an instructor at FBP and replaced him with a less qualified female.
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40. No reasonable cause or justification existed to subject Dr. Manacci to different terms and conditions of employment than his female counterparts. 41. Dr. Manacci's job performance sufficiently met the FPB legitimate expectations. 42. Dr. Manacci was repeatedly harassed and intimidated by Winklemen and Dean Kerr. 43. There was no reasonable cause or justification to intimidate; harass; and disparately treat Dr. Manacci.
44. The Defendants have discriminated against Dr. Manacci based upon gender, and potentially other factors, in direct violation of 42 U. S. C. §1981, 42 U.S.C. §2000e-2, Ohio Rev. Code Chapter 4112 and potentially other provisions of law. 45. As a direct and proximate result of such wrongdoing. Dr. Manacci has suffered lost wages and earnings, impairment of his earning capacity, and impairment of his professional reputation, humiliation, emotional distress, mental anguish, and other serious damages. These losses are expected to be permanent and ongoing.
SECOND
CAUSE
OF
ACTION
AMERICANS WITH DISABILITIES ACT (ADA) 46. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
47. Dr. Manacci suffers from Attention Deficit Disorder, a permanent disability making him unable to keep attention on tasks, organize activities and causes forgetfulness in pending activities and avoidance of things that require long periods of mental efforts or to perform similar tasks.
48. Dr. Manacci was otherwise qualified to perform the essential functions inherent in his position as Instructor at FPB and as director of the Flight Program.
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49. Defendants were aware of Dr. Manacci's disability directly and as was demonstrated by Dr. Barbra Daily, his doctoral committee chairperson and professor at FPB and validated by his assigned faculty mentor. 50. The Defendants could have easily accommodated Dr. Manacci's needs as the accommodations made by his doctoral committee chairperson and assigned a faculty mentor, which previously proved successful.
51. The Defendants did not accommodate Dr. Manacci in any way as it related to his job performance.
54. As a direct and proximate result of such wrongdoing. Dr. Manacci has suffered lost wages and earnings, impairment of his earning capacity, and impairment of his professional reputation, humiliation, emotional distress, mental anguish, and other serious damages. These losses are expected to be permanent and ongoing.
THIRD CAUSE OF ACTION HOSTILE
WORK
ENVIROMNET
55. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
56. Dr. Manacci was subject to unwelcome verbal, written comments and actions, from the Defendants based on his gender and age and a result of his exercising his protected rights. 57. The harassment had the effect of unreasonably interfering with Dr. Manacci work performance and created an intimidating, hostile, and offensive environment for men in general and particularly for Dr. Manacci.
58. Defendants knew or should have known that Dr. Manacci was being harassed and failed to take adequate action.
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59. As a direct and proximate result of Defendants' unlawful discrimination. Dr. Manacci has suffered a loss of wages and benefits, loss of reputation, humiliation, embarrassment and loss of self-esteem, adverse physical and emotional effects, and lost time and money endeavoring to protect himself from Defendants' unlawful discrimination, including costs and attorney's fees
FOURTH
CAUSE
OF
ACTION
R E TA L I AT I O N
60. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
61. Dr. Manacci engaged in a protected activity when he complained to or notified Defendants regarding Defendants continued pattern of gender discrimination, disparate treatment and age discrimination.
62. Dr. Manacci reported charges of discrimination to various administrative officials at the FPB, an activity protected by Title VII and Chapter 2114 of the ORG.
63. Defendants knew that Dr. Manacci was engaged in a protected activity and addressed the situation in a retaliatoiy and malicious manner by creating an environment that diminished Dr. Manacci's academic credibility; increasing his teaching assignments and reducing his pay; removing him from as the Director of the Flight Program and discharging him by failing to renew his contract.
64. As a direct and proximate result of Defendants' unlawful discrimination. Dr. Manacci has
suffered a loss of wages and benefits, loss of reputation, humiliation, embarrassment and loss
of self-esteem, adverse emotional effects, and lost time and money endeavoring to protect herself from Defendants' unlawful discrimination, including costs and attorney's fees.
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FIFTH CAUSE OF ACTION D E FA M AT I O N O F C H A R A C T E R
65. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
66. During Dr. Manacci's employment, Defendants engaged in a pattern of conduct that included verbal and written false and misleading statements designed to destroy Dr. Manacci's credibility at FBP and to force him to resign. 67. Based on Defendants false and misleading statements made about Dr. Manacci, Defendants have intentionally defamed Dr. Manacci's character and have caused irreparable damage to Dr. Manacci's reputation and relationships with business contacts that he may deal with in the future.
68. As a result of Defendants' defamation of character. Defendants have proximately caused damages to Dr. Manacci in an amount to be determined at trial.
SIXTH AGE
CAUSE
OF
ACTION
D I S C R I M I N AT I O N
69. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
70. Dr. Manacci is over 50 years of age. 71. Because of his age, the Defendants removed Dr. Manacci from his position as Director of the Flight Program, discharged Dr. Manacci as an instructor at FBP, and replaced him with a less qualified, younger female in both positions.
72. Dr. Manacci's job performance sufficiently met the FPB legitimate expectations and any proffered rationale for Defendant's actions were pretextual.
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73. As a direct and proximate result of Defendants' unlawful discrimination, Dr. Manacci has
suffered a loss of wages and benefits, loss of reputation, humiliation, embarrassment and loss of self-esteem, adverse emotional effects, and lost time and money endeavoring to protect herself from Defendeints' unlawful discrimination, including costs and attorney's fees.
SEVENTH BREACH
CAUSE OF
OF
ACTION
CONTRACT
74. Dr. Manacci incorporates the preceding paragraphs of this complaint as if fully rewritten herein.
75. Defendant FPB promise to Dr. Manacci that he would only be required to teach 4 hours per semester as long as he was the Director of the Flight Program to which Dr. Manacci agreed constituted an Employment Contract, 76. The Employment Contract was in effect on May 2014 when. Defendant FPB increased Dr. Manacci's teaching assignments to 9 semester hours but did not reduce Dr. Manacci's administrative duties in the Flight Program. 77. By engaging in the actions complained of herein, including, but not limited to, discriminating against Dr. Manacci, and retaliating against Dr. Manacci, FPB has breached the Employment Contract.
78. As a direct and proximate result of FPBs' breach of contract, DR. Manacci suffered and will continue to suffer damages, including, but not limited to, loss of salary, benefits, and other privileges and conditions of employment.
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79. Dr. Manacci is therefore entitled to all available remedies, including, but not limited to, compensatory damages, consequential damages, liquidated damages, and/or specific performance, and any other equitable remedies the Court deems appropriate. WHEREFORE, Dr. Manacci, respectfully prays for judgment against the Defendants, joint and severally, as follows:
A. Compensatory and punitive damages in the amount of $1,000,000.00 including wages and benefits lost as a result of retaliation by the Defendants; B. Costs of this suit;
C. Reasonable attorney's fees; and D. Order Defendants to make whole Dr. Manacci by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to reinstatement or front pay. E. Order Defendants to make whole Dr. Manacci by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts to be determined at trial. F. Order Defendants to make Dr. Manacci by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self esteem and loss of civil rights, in amounts to be determined at trial.
G. Order Defendants to pay Dr. Manacci punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
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H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award Dr. Manacci its costs of this action including his attorney fees.
Respectfully submitted, /S/ Thomas L. Colaluca
THOMAS L. COLALUCA (0011462) 1 4 0 0 We s t S i x t h S t r e e t Suite 300
Cleveland, Ohio 44113 (216)212-4023 Phone tlc(^coialuca-law.com
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