COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT CASE NO. _______________ YOLANDA COSTNER and CASSAUNDRA COOPER vs.

VERIFIED COMPLAINT PLAINTIFFS

COMMONWEALTH OF KENTUCKY, Serve: Hon. Jack Conway Office of the Attorney General 700 Capital Avenue, Suite 118 Frankfort, Kentucky 40601 GREG STUMBO SPEAKER OF THE KENTUCKY STATE HOUSE OF REPRESENTATIVES, Serve: Greg Stumbo 702 Capitol Ave. Annex Room 303 Frankfort, Kentucky 40601 LEGISLATIVE RESEARCH COMMISSION, Serve: Hon. Jack Conway Office of the Attorney General 700 Capital Avenue, Suite 118 Frankfort, Kentucky 40601 and JOHN ARNOLD, JR. Serve: John A. Arnold, Jr. 1301 N. Lee P.O. Box 124 Sturgis, Kentucky 42459 *******
Come the Plaintiffs, Yolanda Costner (Yolanda) and Cassaundra Cooper (Cassaundra) (collectively the Plaintiffs), by counsel, and for their Verified

DEFENDANTS

Complaint against the Defendants, Commonwealth of Kentucky ("Commonwealth"), Greg Stumbo ("Stumbo"), the Legislative Research Commission ("LRC") and John Arnold, Jr. (Arnold) (collectively the Defendants), state as follows:

THE PARTIES 1. The Plaintiff, Yolanda, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and employed by the Commonwealth and/or House of Representatives. 2. The Plaintiff, Cassaundra, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and employed by the Commonwealth and/or House of Representatives. 3. The Defendant, the Commonwealth, acting by and through one of its agencies

created by the legislative branch, has its principal office is located in Frankfort, Kentucky. 4. The Defendant, Stumbo, is the Speaker of Kentucky's State House of

Representatives, one of the two houses of Kentucky's General Assembly, the legislative branch of government in the Commonwealth. 5. The Defendant, the LRC, is an agency of the legislative branch of state

government and was created by KRS Chapter 7. LRC has its principal office is located in Frankfort, Kentucky. 6. The Defendant, Arnold, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and employed as a Democratic Kentucky State Representative. JURISDICTION & VENUE 7. 8. This Court has original jurisdiction over this action pursuant to KRS 23A.010. Venue is proper in this Court pursuant to KRS 452.460, as injuries to Plaintiffs

occurred in Franklin County, Kentucky. 2

FACTS 9. Yolanda is currently employed by the Commonwealth and/or House of

Representatives and/or the LRC as an hourly part-time permanent Leadership Staff employee. Specifically, Yolanda works as the Executive Advisor to Representative Tommy Thompson, the House Majority Whip. 10. Cassaundra is employed by the Commonwealth and/or House of Representatives

and/or the LRC as an hourly part-time permanent Leadership Staff employee. Specifically,

Cassaundra works as the Communications Assistant/Office Manager to Representative Rocky Adkins, the Majority Floor Leader. 11. As Leadership Staff, Plaintiffs were at-will partisan employees who specifically

worked for the House Representatives. Moreover, as "hourly part-time permanent" employees, Plaintiffs were only told that they could only report 37.5 hours each week no matter how many hours Plaintiffs actually worked. 12. Plaintiffs' job responsibilities required Plaintiffs to work additional hours for the

benefit of the Commonwealth and/or Stumbo and/or the LRC, however, Plaintiffs were not compensated for the hours they worked, including the hours they worked over forty (40) hours. 13. In March of 2010, following a legislative session ending about 3:30-4:00 p.m.,

Yolanda was walking from the Capitol Building to the Capitol Annex Building, for the Democratic Caucus meeting, with Kentucky Representative Reginald Meeks. 14. As Yolanda was walking up the steps to the Capitol Annex Building, Arnold

reached toward Yolanda and inappropriately groped Yolandas buttock, grabbing her underwear and almost causing her to fall backwards down the stairs.

15. 16. you doing?!1 17. 18.

Representative Meeks had to grab Yolanda's arm to prevent her from falling. Yolanda, realizing that Arnold had grabbed her underwear, yelled Doc, what are

Arnold replied, I just could not resist grabbing those fancy red lace panties. Hearing Arnolds statement, Representative Meeks vehemently admonished

Arnold for his behavior, warning him not to disrespect a married woman and mother ever again. 19. In response to Representative Meeks admonition, Arnold stated, Oh shut up! I

do whatever I want to Yolanda because I have known her for a long time and longer than you!" 20. Upon information and belief, after the Democratic Caucus meeting, Yolanda

notified Representative John Will Stacy, her boss at the time, and his Chief of Staff, Kyna Koch, about Arnold grabbing her underwear. 21. incident. 22. No further action was taken by Representative Stacy or the House of Representative Stacy told Yolanda that Arnold was harmless and laughed off the

Representatives, despite being notified of Arnold's sexually harassing behavior. 23. On or about January 9, 2013, Arnold came into the House Majority Whips office

where Yolanda worked and began smoking, even though smoking is prohibited in the office. 24. Yolanda, who is allergic to cigarette smoke, asked Arnold to stop smoking and

reminded him of the NO SMOKING signs placed around the office. Costner referred to Arnold as Doc because that was his nickname due to his profession as a licensed Chiropractor.
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25.

Arnold disregarded Yolandas request to stop smoking and told Yolanda, Dont

start that shit with me! 26. The next day, January 10, 2013, Arnold again came into the House Majority

Whips office and began smoking around Yolanda. As he began smoking, he yelled at Yolanda Keep you damn mouth shut about my smoking and mind your own damn business! 27. In response to Arnold, Yolanda replied, It is my business when you expose my

lungs to cancer, and she immediately went to Representative Thompson in order to get Arnold to stop smoking in the House Majority Whips office. 28. After Representative Thompson asked Arnold to stop smoking in his office

around Yolanda, Arnold saw Yolanda in the hallway and said You Asshole! You need to quit tattling on me and mind your own damn business! 29. The next day, January 11, 2013, Arnold entered the House Majority Whips office

and approached Yolandas desk from behind. Arnold placed his hands on Yolandas shoulders and began to massage her shoulders. 30. As soon as Arnold started to massage Yolandas shoulders, she immediately

pulled away from Arnolds grasp and sternly told him that the two were not friends and that she was upset and offended by his actions. 31. On or about February 14, 2013, Cassaundra was returning to her office from a

performance of One Billion Rising on the floor of the Kentucky House of Representatives.

32.

As Cassaundra returned to her office, she bent over to pick up a container of water

to place it in the office refrigerator. As she was bending over to pick up the container, Arnold walked up behind her and smacked her on the buttock. 33. Embarrassed, ashamed, and completely offended by Arnold's actions, Cassaundra

reported Arnolds actions to Representative Adkins, her boss, as well as the Communications Director, Susan Klanchek. 34. 35. Representative Adkins told Cassaundra that he would talk to Arnold. Upon information and belief, a few days later, Klanchek asked Representative

Adkins what he did about Arnold sexually assaulting Cassaundra. 36. Upon information and belief, Representative Adkins told Klanchek that he

notified Representative Greg Stumbo and former LRC Director, Bobby Sherman, of Arnolds actions. 37. Upon information and belief, Representative Adkins also told Klanchek that he

talked with Arnold regarding his sexually harassing behavior. 38. On or around February 19, 2013, an LRC staff member was looking for Arnold to

discuss the details of Arnolds committee meeting for the next morning. 39. The LRC staffer found Arnold in Representative Thompson's office, where

Yolanda was working. 40. As the LRC staffer began to discuss with Arnold the committee meeting details,

Arnold started grabbing and touching the LRC staffer around her waist and rubbing her back and shoulders. 6

41.

Everyone in Representative Thompson's office repeatedly asked Arnold to stop

inappropriately touching the LRC staffer, including Yolanda who pled with Arnold to stop touching the LRC staffer. 42. Later in the day, on February 19, 2013, Arnold came into Cassaundras office and

began to give Cassaundra lewd looks that made her so upset and uncomfortable that she reported the occurrence to her Office Manager, Stacy Harrod, and Klanchek. 43. On February 19, 2013, Yolanda and Cassaundra decided to seek advice from Roy

Collins, LRC's Personnel Director, regarding Arnold. 44. On February 20 or 21, 2013, Collins asked Yolanda and Cassaundra to meet with

him regarding filing a formal complaint with the LRC so that it could investigate Arnold's actions. 45. Later in the day, Collins notified Yolanda and Cassaundra that the House Majority

Leadership gave Collins permission to talk with Arnold regarding his sexual harassment of Yolanda and Cassaundra. 46. On or around February 22, 2013, Arnold approached Cassaundra at work and

attempted to hug her, trying to apologize for his prior offensive behavior. 47. 48. Cassaundra immediately pulled away from Arnold. In late February 2013, Yolanda and Cassaundra met with Collins, Sherman, and

Laura Hendricks, General Counsel for LRC. 49. Sherman notified Yolanda and Cassaundra that their complaints were found to be

true; promised them that Arnold's actions would not be tolerated; and that Arnold was advised 7

that he was to stay out of their office area, not to contact them, and not to apologize to them for his actions. 50. Upon information and belief, Collins, Sherman, and Hendricks also informed

Yolanda and Cassaundra that Arnold was an elected official and LRC was unable to do anything to him except remove staff assigned to him by LRC. Additionally, Yolanda and Cassaundra were told that this was not the first time Arnold had been investigated for sexual harassment. 51. Despite the assurances given to Yolanda and Cassaundra, Arnold continued to

come into their office area to hang out and smoke cigarettes, making both Yolanda and Cassaundra extremely uneasy and interfering with their ability to work. 52. In the month of March 2013, Collins occasionally checked with Yolanda and

Cassaundra to see if there had been any more occurrences with Arnold. 53. Each time Collins talked with Yolanda and Cassaundra, they notified Collins that

Arnold continues to hang around their office area. 54. On March 25, 2013, Collins was called to help deal with Arnold as he was just

hanging out in Yolanda and Cassaundra's office. Collins told Arnold to leave their office. 55. One day later, on March 26, 2013, Yolanda and Cassaundra returned to their

office to find Arnold sleeping on a couch in their office suite. 56. Yolanda and Cassaundra took a picture of Arnold sleeping and then reported the

matter to Sherman, who sent another legislator to tell Arnold to leave Yolanda and Cassaundras office.

57.

Yolanda and Cassaundra emailed the picture of Arnold asleep to Collins, however,

he never responded to their email. 58. On May 24, 2013, Collins again stopped by Yolanda and Cassaundras office to

discuss Arnold. Collins notified Yolanda and Cassaundra that LRC has done all it can to stop Arnold and wanted to make sure they were okay. Both Yolanda and Cassaundra refused to tell Collins that they were okay, especially given Arnolds above-described actions. 59. Instead, Yolanda and Cassaundra notified Collins that they felt helpless and they

felt like all that LRC wanted to do was have them say they were okay so LRC could close the matter.

COUNT I Violation of KRS 344 et seq. (Sexual Harassment) 60. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint. 61. Plaintiffs were at all times relevant hereto, employed by the Commonwealth

and/or Stumbo and/or LRC as hourly part-time permanent Leadership Staff. 62. Plaintiffs were subjected to the above-described unwelcome, offensive, and

harassing sexually discriminatory conduct during their employment with the Commonwealth 9

and/or Stumbo and/or LRC, which was perpetrated upon them by Arnold, a House Representative. 63. 64. This conduct was based upon and directed at Plaintiffs by reason of their gender. Plaintiffs reported Arnold's sexually harassing and discriminatory behavior to

Representative Stacy, Representative Meeks, Representative Adkins, Collins, Sherman, and Hendricks. 65. Additionally, the Commonwealth and/or Stumbo and/or LRC was otherwise

aware of Arnold's sexually harassing and discriminatory conduct. 66. Despite knowing and being informed of Arnold's behavior, the Commonwealth

and/or Stumbo and/or LRC failed to take any appropriate corrective actions. 67. This sexually harassing and discriminatory conduct was sufficiently severe and

pervasive so as to unreasonably interfere with Plaintiffs' work performance and to create an intimidating, hostile, and offensive working environment. 68. Arnold's conduct was ongoing and pervasive so as to constitute a continuing

violation of Plaintiffs' rights. 69. As a direct and proximate result of the harassing and hostile sexual environment

of the Commonwealth and/or Stumbo and/or LRC, through its employee, Plaintiffs' suffered great embarrassment, humiliation, and mental anguish in an amount which exceeds the minimal jurisdictional limits of this Court. COUNT II ASSAULT & BATTERY 70. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint. 10

71.

Arnold intentionally assaulted the Plaintiffs in the manner described above in an

effort to intimidate, sexually harass, embarrass and/or humiliate the Plaintiffs. 72. Arnold's actions are willful and malicious and he is guilty of a wanton disregard

of the rights and feelings of the Plaintiffs. 73. As a direct and proximate result of the assault and battery, the Plaintiffs have

suffered great shock, mental anguish, physical suffering, humiliation, and loss of wages. COUNT III VIOLATION OF THE KENTUCKY WAGES AND HOURS ACT (KWHA) 74. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint. 75. Pursuant to KRS 337.285, employers are required to pay employees one and one

half times the regular rate of pay for all hours worked over forty (40) hours per workweek. 76. Pursuant to KRS 337.385, an employer who pays any employee less than all of

his/her wages and overtime compensation to which such employee is entitled, the employer shall be liable to the employee. 77. Plaintiffs were at all times relevant hereto employees within the scope of the

definition of employee set forth in KRS 337.010(1)(e). 78. The Commonwealth and/or Stumbo was at all times relevant hereto an

employer within the scope of the definition of employer set forth in KRS 337.010(1)(d). 79. By its actions alleged herein, the Commonwealth and/or Stumbo has willfully,

knowingly, and/or recklessly violated the provisions of the Kentucky Wage and Hour Act, KRS 337.010 et seq., and corresponding state regulations with respect to Plaintiffs who were employed by the Commonwealth and/or Stumbo. 11

80.

The Commonwealth and/or Stumbo has willfully and intentionally engaged in a

widespread pattern and practice of violating the provisions of the Kentucky Wage and Hour Act, as detailed herein, by failing to properly compensate Plaintiffs in accordance with KRS 337.285. 81. As a result of the Commonwealth and/or Stumbo's violations of the Kentucky

Wage and Hour Act, the Plaintiffs have suffered damages by failing to receive wages for hours worked and overtime wages in accordance with KRS 337.272 and KRS 337.285. 82. The Commonwealth and/or Stumbo has not made good faith efforts to comply

with the Kentucky Wage and Hour Act with respect to its compensation of Plaintiffs. 83. As a result of the unlawful acts of the Commonwealth and/or Stumbo, Plaintiffs

have been deprived of their rightful hourly and/or overtime compensation in an amount to be determined at trial, and are entitled to recovery of such amounts, liquidated damages, prejudgment interest, attorneys fees, costs, and other compensation. COUNT IV BREACH OF CONTRACT 84. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint. 85. Plaintiffs contracted with the Commonwealth and/or Stumbo and/or LRC for

payment of wages in return for the work they performed, and Plaintiffs were to be paid an hourly rate of pay for each hour of work they performed for the Commonwealth and/or Stumbo. 86. Additionally, Plaintiffs contracted with the Commonwealth and/or Stumbo and/or

LRC for the payment of overtime wages for all hours worked over forty (40) hours in the workweek. 87. Plaintiffs accepted the contract and performed all of the terms and conditions 12

required under the contract. 88. However, the Commonwealth and/or Stumbo and/or LRC has refused to pay

Plaintiffs all of their unpaid wages and overtime they earned as a result of working for the Commonwealth and/or Stumbo and/or LRC. 89. The Commonwealth and/or Stumbo and/or LRC 's aforesaid conduct constitutes a

breach of contract and a failure to perform in good faith the promise to pay Plaintiffs wages and overtime. 90. As a result of the Commonwealth and/or Stumbo and/or LRC 's actions, Plaintiffs

have been damaged in an amount which exceed the minimal jurisdictional limits of this Court. WHEREFORE, the Plaintiffs demand judgment on their Complaint against the Defendants in an amount sufficient to invoke the jurisdiction of this Court and, in addition, demand the following: 1. 2. 3. 4. compensation; 5. Judgment in the form of a binding declaration regarding which agency of the Judgment on their Complaint against the Defendants; A trial by jury on all issues triable; Compensatory damages; Liquidated damages in amount equal to Plaintiffs unpaid wages and overtime

Commonwealth is Plaintiffs employer; 6. 7. For their costs herein expended including a reasonable attorneys fees; and Any and all other relief to which Plaintiffs are properly entitled.

Respectfully Submitted, 13

______________________________ THOMAS E. CLAY, P.S.C. DAVID N. WARD CLAY DANIEL WALTON & ADAMS, PLC 462 South Fourth Avenue Meidinger Tower, Suite 101 Louisville, Kentucky 40202 (502) 561-2005 tclay@tclaylaw.com david@justiceky.com Counsel for Plaintiffs

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_______________________________________ Cassaundra Cooper COMMONWEALTH OF KENTUCKY COUNTY OF JEFFERSON ) ss: ) )

SUBSCRIBED AND SWORN TO before me by Cassaundra Cooper this _______ day of __________________________ 2031. My commission expires: ________________________________.

_______________________________________ Notary Public, State-at-Large, Kentucky

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_______________________________________ Yolanda Costner COMMONWEALTH OF KENTUCKY COUNTY OF JEFFERSON ) ss: ) )

SUBSCRIBED AND SWORN TO before me by Cassaundra Cooper this _______ day of __________________________ 2031. My commission expires: ________________________________.

_______________________________________ Notary Public, State-at-Large, Kentucky

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