Thomas Industrial Coatings denies liability and seeks to dismiss a former employee’s sexual harassment lawsuit, arguing that any alleged misconduct was not in the scope of employment.
Leslie Raymond originally filed her complaint July 16 in Madison County Circuit Court against Thomas Industrial Coatings Inc. The defendant removed the complaint to the U.S. District Court for the Southern District of Illinois on July 28.
According to the complaint, Raymond is a lesbian woman who lives with her wife. She claims that beginning on May 27, 2017 and continuing through Aug. 22, 2018, she was subjected to unspecified verbal assaults and sexual text messages by her supervisor Ronnie Bloodworth. Raymond also alleges Bloodworth continued to stalk and harass her with physical conduct both at her residence and her place of employment. Bloodworth’s conduct was allegedly uninvited.
Raymond claims Thomas Industrial Coatings was notified of the conduct. She alleges that in retaliation, she received reduced hours and was required to travel in order to maintain her employment. Raymond claims she was eventually forced to move away from her Illinois home and work around the country.
Thomas Industrial Coatings answered the complaint on July 28 through attorney Brian McGovern of McCarthy, Leonard, Kaimmerer LC in St. Louis.
The defendant argues that Raymond failed to mitigate her alleged damages by failing to engage in an adequate and reasonable job search after her employment with the defendant ended, “and jobs in the relevant marketplace paying comparable wages and benefits were open and available.”
Thomas Industrial Coatings also filed a motion to dismiss counts II, III and V, which allege sexual assault, sexual battery and infliction of emotional distress.
“Notably, plaintiff has not named Mr. Bloodworth as a party to this law suit (sic); rather, the apparent basis of defendant’s alleged liability for Mr. Bloodworth’s conduct is his status as an alleged supervisor,” the motion states.
The defendant argues that the complaint fails to include any allegation that Bloodworth’s alleged acts were within the course and scope of his employment or that the alleged acts that occurred at her residence had any relation whatsoever to his alleged status as her supervisor.
“In any event … Illinois law is well-established that sexual misconduct, by its very nature, can never be considered within the course and scope of employment such that there cannot be respondeat superior liability for these alleged acts,” the motion states.
“Plaintiff vaguely alleges that Mr. Bloodworth was her supervisor, but fails to include any factual detail whatsoever about the manner or scope of his job duties for defendant,” it continues.
The defendant further argues that Raymond fails to provide any details as to the alleged stalking and harassing at her residence “that would connect these allegations to Mr. Bloodworth’s job duties.”
The plaintiff seeks a judgment of more than $50,000, plus costs.
She is represented by Charles Baricevic of Chatham and Baricevic in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-732