Accusations of male on male sexual harassment – and not getting paid for all work – made in Marquette federal civil lawsuit
Civil Motion: The Marquette Battle of the Bulge – Trainer vs. Trainer – and in twist says he was pressured to gain weight
We warn our readers that some of the allegations outlined in this lawsuit may be considered not appropriate for children – as the charges are explicit in nature
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(Marquette, MI) – A former male employee of a popular Marquette fitness center says he was sexually harassed by the male owner and makes other allegations including “making cold calls” for hours not paid – in a federal court civil lawsuit he filed last week in Marquette.
Michael Darlington-West filed the lawsuit against Marquette fitness business Motions, LLC – and its owner Mike Koskiniemi – on Tuesday, October 11, 2016 in U.S. District Court in Marquette.
In a statement to U.P. Breaking News, Koskiniemi strongly denies the allegations (scroll down to read entire statement).
Motions is located at 910 Wright St. in Marquette, MI.
Darlington-West states he was a personal trainer for Motions, LLC from about March 2015 to June 2016. The former personal trainers says he was paid $20 hourly for training clients.
On his Facebook page, Darlington-West states he is currently working for the competition in Harvey, was a former ski instructor at Marquette Mountain, hails from Calgary, Canada and now lives in Marquette. His Facebook page states, Darlington-West graduated from Northern Michigan University in 2014 with a degree in Management of Health and Fitness.
Reached by U.P. Breaking News, Darlington-West confirmed that the only person he is making these lawsuit accusations against is Koskiniemi/Motions. He referred all other questions to his attorney.
Darlington-West alleges he was forced to work an additional 10 hours weekly “making cold calls and was not paid wages” for that work.
Meanwhile, the suit alleges the company was making a good profit and “had gross operating revenues in excess of $500,000.”
In addition, “employees were required to purchase supplements and other items from the defendant as a condition of employment” and all items were deducted from paychecks, the suit alleges.
Koskiniemi violated of the Fair Labor Standards Act and the Michigan Minimum Wage Law for failure to “pay wages and failure to pay overtime,” the suit alleges.
Darlington-West claims he was pressured to “gain weight.”
Under the Elliott-Larsen Civil Rights Act the lawsuits accuses Koskiniemi and unnamed others for creating a “sexual harassment hostile environment and weight discrimination.”
“Throughout the course” of his employment, Darlington-West states “he was discriminated against and harassed” by the owners and agents of Motions, LLC.
Darlington-West says he was told that he needed to “start sucking dicks to get members in,” the suit states.
“The comments were sexual in nature and made” Darlington-West “very uncomfortable, creating a sexually hostile work environment,” the suit states.
“This sexual harassment has included, but is not limited to, unwelcome comments and conduct of an offensive and sexual nature directed at Plaintiff and the creation of a hostile work environment,”the suit states. “The actions of Defendant and its agents, representatives, and employees were intentional.”
The suit claims Darlington-West was “harassed and discriminated” based “on his weight.”
“Indeed, the defendant frequently made remarks about the plaintiff’s weight and told him that he needed to gain weight,” the suit alleges.
“Plaintiff’s weight was at least one factor that made a difference in defendant’s decision to harass plaintiff,” Darlington-West alleges in his lawsuit. Had Darlington-West “been larger, he would not have been harassed and discriminated against.”
Motions, LLC “through its agents, representatives, and employees, treated Plaintiff (Darlington-West) differently from similarly situated heavier employees in the terms and conditions of employment, based on unlawful consideration of weight,” the suit alleges.
Motions, LLC “through its agents, representatives, and employees, was predisposed to discriminate on the basis of weight and acted in accordance with that predisposition,” the suit claims.” Koskiniemi said the allegations are not true.
Statement from Motions, LLC owner Michael Koskiniemi:
“We are disappointed that Michael Darlington-West has decided to make these unfounded and untrue allegations. We at Motions strive to provide every opportunity and tool for our personal trainers to succeed.
When Mr. Darlington-West voluntarily quite in June 2016, we wished him the best of luck. We look forward to defending our reputation, integrity, and character we have earned and developed with our clients and the community over the past 15 years.
This is the first claim we have ever had against us, and we will take all legal steps to ensure that our good name is not defamed further in the future.”
“As a direct and proximate result of defendant’s unlawful actions” Darlington-West “has sustained injuries and damages including, but not limited to, loss of earnings and earning capacity; loss of career opportunities; humiliation and embarrassment; mental and emotional distress; and loss of the ordinary pleasures of everyday life, including the right to pursue gainful occupation of choice,” the suit states.
The suit seeks a jury trial.
U.P. Breaking News has reached out to Motions, LLC to see if they want to make a comment – and will post it if they do make any kind of statement.
Darlington-West had his attorney file the 11-page, six-count lawsuit that includes numerous other allegations.
The lawyer for Darlington-West is attorney Sandra Hanshaw Burink of Marquette
Count 1 — Violation of Fair Labor Standards Act for failure to pay overtime
Count 2 — Violation of Fair Labor Standards Act for failure to pay wages
Count 3 — Violation of the Workforce Opportunity Wage Act, for failure to pay wages
Count 4 — Violation of the Workforce Opportunity Wage Act, for failure to pay overtime
Count 5 — Violation of the Elliott-Larsen Civil Rights Act, for hostile work environment sexual harassment
Count 6 — Violation of the Elliott-Larsen Civil Rights Act, for weight discrimination
To read the lawsuit click here:
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The suit seeks to have Motions, LLC to pay for all attorneys fees and court costs – plus back wages and overtime – and any other damages deemed by the court.
Upper Peninsula Breaking News by Greg Peterson 