12-Person(A,B,C,D,E,F,H,R,X,Z)

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Court Date: 2/15/2024 9:30 AM FILED
12/12/2023 5:56 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
CIVIL DEPARTMENT, LAW DIVISION CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 12/12/2023 5:56 PM 2023L012576

2023L012576
JUSTIN NETTLEBECK ) Calendar, S
) 25571738
)
) Case No.
Plaintiff, )
)
v. )
)
)
CUMULUS MEDIA, INC. ) JURY TRIAL DEMANDED
)
)
Defendant. )
__________________________________________)

COMPLAINT

NOW COMES the Plaintiff, JUSTIN NETTLEBECK (hereinafter “Plaintiff” or

“Nettlebeck”), by and through his attorneys, LÁZARO LAW GROUP, LLC., and for his

Complaint against Defendant, CUMULUS MEDIA, INC., (hereinafter “Cumulus” or

“Defendant”) states as follows:

NATURE OF ACTION

This action challenges pervasive sexual harassment and retaliatory practices at Cumulus.

While employed by Defendant, Plaintiff was subjected to harassment and discriminatory treatment

on the basis of his gender, including sexual harassment, as well as retaliation based on his

opposition to the harassment and discrimination he suffered. After Plaintiff complained and/or

protested the discriminatory treatment Defendant retaliated by constructively terminating his

employment.

JURISDICTION AND VENUE

1. At all times relevant, Plaintiff was a resident of Cook County, Illinois.

 2. At all times relevant, Cumulus operated within Chicago, Cook County Illinois.

3. This Court has jurisdiction pursuant to 735 ILCS 5/2-209 in that all of the events
FILED DATE: 12/12/2023 5:56 PM 2023L012576

which form the underlying basis for this complaint took place in Cook County, Illinois.

4. Venue is proper in Cook County because all of the events which form the

underlying basis for this complaint took place in Cook County, Illinois, and Defendant resides and/

or operates in Cook County, Illinois.

5. Plaintiff timely filed charges with the Equal Employment Opportunity Commission

(“EEOC”) and the Illinois Department of Human Rights (“IDHR”).

6. On or about September 14, 2023, the IDHR sent Plaintiff notice of his Right to Sue.

7. As Plaintiff received notice from the IDHR, he has fully complied with the

procedural requirements under the Illinois Human Rights Act.

PARTIES

8. Plaintiff most recently held the title of Host/Executive Producer at Cumulus before

Defendant constructively terminated his employment.

9. Cumulus is a media company which operates a morning radio show, on which

Plaintiff was featured, at an office at 455 N. Cityfront Plaza Dr. #600, Chicago, IL 60611.

FACTUAL ALLEGATIONS

10. Nettlebeck worked for the Defendant from approximately November of 2018 until

approximately April 2023 as an Executive Producer and performed his job in a reasonable and

competent manner. His duties included hosting a morning radio show.

11. Throughout his employment Defendant subjected Plaintiff to severe and pervasive

harassment and retaliation on the basis of his gender, including but not limited to, inappropriate,

unwanted, and sexually based comments, providing less access to resources such as ad revenue

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 and support from the production team that negatively impacted Plaintiff’s ability to perform his

duties, subjecting Plaintiff to employment decisions that negatively affected his pay and/or his
FILED DATE: 12/12/2023 5:56 PM 2023L012576

ability to earn his ratings bonus, and intimidating Plaintiff with remarks and gestures intended to

cause fear of physical harm. Defendant did not treat female employees in a similar manner.

12. During his employment with Defendant, Nettlebeck reported directly to the Vice

President of Rock Format and Operations, Troy Hanson (“Hanson”).

13. Almost immediately upon beginning to work with Hanson, Nettlebeck observed

that Hanson was openly abusive and discriminatory, and that Defendant did nothing to discourage

or inhibit his behavior—in fact, he was allowed to retaliate against any employee that opposed his

behavior, including Nettlebeck.

14. Specifically, Hanson regularly engaged in the following behaviors:

a. Hanson made graphic, sexual remarks regarding female employees and Hanson’s

own female romantic partners to Nettlebeck, despite Nettlebeck’s protests,

including but not limited to, “have you guys noticed that my voice is shot today?

It’s from eating so much pussy this weekend,” and stating that he needed to go

home to “clean up all the blood” after “having sex with a girl on her period last

night,” or words to that effect;

b. Hanson referred to Nettlebeck with offensive, sex-based insults, including the word

“faggot.”

c. Hanson showed sexually explicit materials to Nettlebeck against his will while he

was on air, attending work functions, or otherwise unable to leave the situation;

d. Hanson made graphic and/or sexually explicit comments to female individuals

while Nettlebeck was present, causing Nettlebeck anxiety and discomfort.

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 15. Hanson’s behaviors towards Nettlebeck were unwanted and Nettlebeck protested

them on multiple occasions. Specifically, Nettlebeck reported Hanson’s behavior to Marv Nyren
FILED DATE: 12/12/2023 5:56 PM 2023L012576

(“Nyren”), Vice President and Market Manager of Cumulus Media Chicago Operations on at least

six (6) occasions, in or about March 2020, November 2020, July 2021, August 2021, March 2022,

and January 2023.

16. Following Nettlebeck’s various complaints, Nyren, and Cumulus generally, failed

to take any action whatsoever to stop Hanson’s behavior. In fact, Hanson’s behavior only escalated

as he was allowed to retaliate against Nettlebeck for complaining about his behavior. On various

occasions, Hanson engaged in the following behaviors:

a. threatened to kill himself if Nettlebeck reported him to human resources for his

behavior;

b. withholding funding and resources from Nettlebeck and his show such that his

compensation, in terms of his ratings bonus specifically, would be negatively

impacted;

c. making threatening remarks to Nettlebeck such that Hanson was “untouchable,”

and therefore Nettlebeck’s complaints would never put a stop to his behavior;

d. physically threatening Nettlebeck by gesturing aggressively at him in close

proximity with a closed fist, suggesting that he might punch or hit Nettlebeck if he

continued to complain about his behavior;

e. harassing Nettlebeck about his work and/or performance, including during live

recordings, such that Nettlebeck’s professional reputation was damaged.

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 17. Hanson’s discriminatory and retaliatory behaviors targeting Nettlebeck reached a

breaking point in April of 2023, when Nettlebeck had no choice but to resign his position, as he
FILED DATE: 12/12/2023 5:56 PM 2023L012576

felt physically and mentally unsafe to continue his career at Cumulus.

FIRST CAUSE OF ACTION

SEX DISCRIMINATION IN VOILATION OF THE ILLINOIS HUMAN RIGHTS ACT

18. The Illinois Human Rights Act, as amended, makes it unlawful to discriminate

against any individual in the terms, conditions, or privileges of employment on the basis of sex.

19. Here, as set forth above, Defendant allowed Plaintiff to be sexually harassed and

discriminated against on the basis of his sex and allowed its employees (including but not limited

to Hanson, the Plaintiff’s supervisor) to create a hostile work environment by subjecting the

Plaintiff to a pattern of unlawful conduct.

20. Additionally, Defendant failed to take adequate action to stop the harassment

Plaintiff faced from his coworkers, despite his repeated complaints.

21. WHEREFORE, the Plaintiff requests the entry of judgment in his favor and against

the Defendant, in an amount in excess of this Court’s jurisdictional minimum, plus costs and fees.

SECOND CAUSE OF ACTION

RETALIATION IN VOILATION OF THE ILLINOIS HUMAN RIGHTS ACT

22. The Illinois Human Rights Act makes it unlawful for an employer to discriminate

against an employee who has opposed an unlawful employment practice.

23. Plaintiff complained of and/or protested a pattern of unlawful sex discrimination

and/or harassment.

24. Defendant retaliated against Plaintiff for his complaints in violation of the Illinois

Human Rights Act by ultimately firing Plaintiff.

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 WHEREFORE, the Plaintiff requests the entry of judgment in his favor and against the

Defendant and enter an Order awarding the following relief:

FILED DATE: 12/12/2023 5:56 PM 2023L012576

a. All wages and benefits he would have received but for the discrimination;

b. Compensatory damages;

c. An award of costs;

d. An award of reasonable attorney’s fees;

e. Such other relief as the Court deems equitable and just.

JURY TRIAL DEMAND

Plaintiff hereby demands a jury trial.

In Chicago, Illinois this 12th of December 2023.

LÁZARO LAW GROUP, LLC

Attorneys for Plaintiff Justin Nettlebeck
321 S. Plymouth Ct. Ste. 1250
Chicago, IL 60604
Tel. 312-461-9900
Fax. 312-858-6735

____________________________
Rafael E. Lázaro
Catherine Roland
rlazaro@lazarolawgroup.com
croland@lazarolawgroup.com