Lawsuit filing: Sex with boss occurred in offices and hotel rooms ...

BIRMINGHAM, Alabama - A woman suing Birmingham Health Care for sexual harassment details in the latest court filing a decade of encounters with her married boss in his business offices and in hotels across five states.

In a newly filed complaint filled with more detail than the initial complaint filed Feb. 14, Sharon Waltz alleges her then-boss, Birmingham Health Care CEO Jonathan Dunning, "threatened her with her job and security if she did not have these sexual encounters [in his company offices] and he further demanded that the plaintiff [Waltz] travel with him and stay in his hotel room."

Last month, U.S. Magistrate Judge John E. Ott called the previous complaint "very broad-brushed" and asked Waltz to re-file a complaint that ties the allegations together.

The new complaint comes back with more detail about the allegations of sexual harassment said to have occurred from 2002 until 2012 and attempts to closely tie Birmingham Health Care (BHC) with one of Dunning's private companies, Synergy Medical Systems (SMS).

Among the new allegations by Waltz:

• ?Dunning had sex with other employees of Birmingham Health Care;
• ?Dunning didn't want to be on the birth certificates of the two children he fathered with Waltz;
• ?Dunning demanded Waltz stay in the same hotel room with him while on business trips in Alabama, Georgia, Texas, Florida, Louisiana and Washington, D.C.;
• ?Birmingham Health Care sold its South Plaza building to one of Dunning's companies for $2.8 million and the property had been appraised for $6 million. Dunning's company then leased the property back to BHC for $694,200 annually.

A lawyer for Dunning called the allegations in the latest filing "wild and unfounded."

"Ms. Waltz made these claims of sexual harassment only after Mr. Dunning began the legal process of securing his custodial rights to his children born out of the consensual relationship with Ms. Waltz," attorney Carter Dukes said in an email. "BHC, Synergy, and Mr. Dunning strongly deny Ms. Waltz's claims and are eager to move forward with this litigation so that they can vindicate themselves from these wild and unfounded allegations."

Waltz, a clinical psychologist, worked for BHC primarily as a grant writer from 2002 until 2009 when Dunning was CEO. She then worked for Dunning's for-profit corporation, Synergy Medical Systems, from 2009 until 2012, the suit states. The alleged harassment spanned the years and the companies, the amended complaint alleges.

The suit states Waltz was doing the same job - securing grants for BHC - in both positions.

According to tax filings, Waltz is listed as a "key employee" at BHC in 2006, 2007 and 2008. Prior year returns were not available. In 2008, Waltz drew a salary from BHC of $95,774. Dunning was paid $290,003 that year by BHC, according to tax records.

Waltz secured BHC grant funding "in a minimum annual amount of $4,874,959 from 2003 until 2012," the amended complaint states.

"It is plaintiff's contention that defendants BHC and SMS are basically one and the same corporation," it states.

The new complaint adds Synergy Medical Systems as a defendant, joining BHC and Dunning.

Birmingham Health Care is one of 1,200 federally qualified health centers nationwide. The designation allows BHC to receive enhanced Medicaid reimbursements and federal grants from the federal Health Resources and Services Administration to serve uninsured and under-insured populations.

Federal officials have called the federally designated health centers the "backbone" of President Obama's efforts to reform health care under the Affordable Care Act, also known as 'Obamacare.'

Last week, BHC received $187,634 from HRSA to help it enroll the uninsured in new health plan options under Obamacare, part of $150 million in grants disbursed to more than 1,100 community health centers nationwide.

In January, BHC received $4 million in HRSA funding, a one-year renewal of funding for operations that the nonprofit health center has been receiving since 2001. BHC has six locations offering primary health care, dental care and other services in and around Birmingham.

Source: http://blog.al.com/spotnews/2013/07/lawsuit_filing_sex_with_boss_o.html

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