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Written by Lisa Neff, Staff writer
Jan 13, 2011
A gay miner claims he suffered from repeated verbal abuse and lewd gestures even after complaining to management of a Massey Energy Co. subsidiary.
Sam Hall registered his complaints in a sexual harassment suit filed in late December against the company in Kanawha Circuit Court in West Virginia. The miner is represented by Roger Forman, a Charleston, W.Va., attorney whose firm specializes in personal injury and employment law.
“Mr. Hall is gay and, given his gender preference, has been harassed both by management and fellow miners,” the complaint says. “Due to management’s participation and provocation, most of the pervasive ongoing harassment has been caused or encouraged.”
Massey Energy, based in Richmond, Va., was vaulted into headlines in April 2010, when 29 workers died in a mine explosion. The federal investigation into that incident continues.
The defendants in Hall’s suit – which seeks unspecified damages – include Spartan Mining Co., a Massey subsidiary, and No. 2 Gas Mine foreman Randy Thomas.
A spokesman for the company called conduct like that described by Hall as “despicable,” and said the miner’s allegations will be taken seriously.
“We are going to investigate,” said Massey attorney Shane Harvey.
Hall went to work for Massey in 2005 at its Winifrede Mine, where he was an underground trainee. He later worked at Spartan’s No. 130 Mine, the No. 2 Gas Mine and the No. 5 Block Mine. The complaint states that the miner suffered sexual harassment at each assignment.
Sexual harassment is defined as unwelcome sexual advances or other sexually motivated conduct in a workplace. Harassment can be verbal or physical, in the form of sexual comments or dirty jokes, the showing of lewd pictures, repeated requests for dates, inappropriate touching or physical intimidation.
At Winifrede, after Hall went horseback riding with a co-worker, a co-worker teased him about a “Brokeback Mountain moment,” referring to a love story about two male cowboys.
At the No. 130 Mine, a co-worker used anti-gay slurs toward Hall. When he complained to supervisors, Hall said the harassment escalated. In one incident, he found a note on his car that read, “I like little boys.”
Next, while working in the No. 2 Gas Mine, Hall said co-workers shook their penises to taunt him. He also found anti-gay slurs scrawled on his locker.
At another mine, a supervisor laughed at the harassment, the complaint states.
At yet another mine, Hall said he felt threatened by a co-worker’s statement that he “would like to see all faggots die” and unprotected by a superintendent who laughed at his complaints.
Hall eventually took his concerns to Spartan Mining Co. president John Jones and other executives, who suspended a co-worker for three days and transferred Hall to another mine, where he still works and where he maintains the harassment continues.
The harassment complaint states that Massey-Spartan and its management created an oppressive and hostile work environment.
In addition to seeking damages, Hall wants the court to order the West Virginia Human Rights Commission to monitor the company.
