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WARREN -- A lawsuit accusing the Trumbull County engineer of creating a "sexually hostile work environment" has resurfaced in Trumbull County Common Pleas Court.
Former engineer's office employee Kenneth Kubala of Gretchen Drive NE, Howland, originally filed the suit in June 2018, in common pleas court seeking $75,000 in compensation. But the court sided with the defense attorney and moved the matter to the federal level where, first, Northern Ohio U.S. District Judge John Adams sided with Engineer Randy Smith, and then a 6th Circuit Appeals panel of judges upheld the lower court's decision.
The original suit was moved to the federal level because it raised issues such as freedom of speech and freedom of association, according to a document filed by Columbus attorney Jeffrey Stankunas, who is representing Smith.
In the new lawsuit filed Friday, Kubala's attorney, David Engler, writes that the dismissal of the federal lawsuit was "otherwise than on the merits."
Kubala worked for Smith in the engineer's office from Oct. 11, 2011, to May 11, 2018. On May 7, 2018, Kubala wrote a letter resigning from the position of safety manager, stating he was making the move "due to an unhealthy work environment, for my health and well-being."
According to the civil complaint, from about 2015 through Kubala's last day of employment, Smith subjected him to "sexually harassing conduct and created a sexually hostile work environment."
Among the allegations set forth in the lawsuit:
l Smith asked Kubala whether Kubala was a homosexual;
l On multiple occasions, Smith asked Kubala to remove his shirt in his office in the presence of others;
l The engineer asked to see Kubala's hands saying, "You have nice, soft hands."
Kubala's civil complaint claims Smith subjected him to ridicule in various public places, making sexually suggestive comments and implications about his sexual orientation.
"On dozens of occasions," Smith would lick the top of a can of pop "in an uncomfortable manner while looking at Kubala," the lawsuit states.
According to the suit, Smith's sexually oriented conduct toward Kubala was unwanted by Kubala, who made that fact known to Smith on numerous occasions.
Because of this conduct, Kubala has suffered economic losses, including loss of salary and fringe benefits, plus emotional and psychological injuries, the suit states.
The suit seeks compensatory and punitive damages plus economic losses.
Smith had no comment on the latest action, referring all comments to his lawyer. In an email Tuesday, Stankunas states that he had not read a copy of the latest lawsuit filed by Kubala and Engler.
"Therefore, I can only guess that he has refiled the state law claims that the federal court originally granted in Mr. Smith's favor," Stankunas said. "We would anticipate a similar result in the Trumbull County Court of Common Pleas."
Stankunas said he plans to file an answer with the court once he gets a copy of Kubala's complaint.
The latest case has been assigned to Judge W. Wyatt McKay, who has not set any hearing dates.
gvogrin@tribtoday.com