FAYETTEVILLE – A woman says was forced to quit a job at a Fayette County convenience store because her employer did nothing about the “near-constant” sexual harassment by one customer.
Melinda S. Underwood filed her complaint in Fayette Circuit Court against Ball Oil Company Inc. doing business as Exxon. Manager Kevin Knight also is listed as a defendant.
According to the complaint, Underwood worked as a cashier at Ball Oil in Ansted from July 2017 until her constructive discharge October 24, 2020.
She says a customer named Mr. Moses began to routinely harass her in 2018 by making sexual comments and threats to her during work hours.
“One such comment that Mr. Moses routinely began making to Ms. Underwood was that he was going to go to Ms. Underwood’s home and look in her bedroom window so that he could watch her get dressed,” the complaint states. “Further, Mr. Moses would make daily comments about Ms. Underwood’s buttocks. For instance, Mr. Moses would frequently tell Ms. Underwood that her buttocks looked nice in her pants.”
She says she felt so uncomfortable that she bought two dogs to protect herself.
Moses also would tell other customers to buy cigarettes so Underwood would have to turn around to retrieve the cigarettes “allowing him and other customers to look at Ms. Underwood’s buttocks.”
Underwood says Knight overheard many such comments and threats made by Moses, but she says he responded by laughing them off.
In September 2020, she says she told Knight she was offended by Moses’ comments and threats and asked him to take action to keep Moses from making such comments. But she says Knight failed to take any action, and she says the harassment continued.
On October 11, 2020, Underwood says she confronted Moses, saying “she did not want to hear any more sexual comments or threats. Two days later, she filed a complaint about Moses with store owner Timothy Ball and office manager Kristy Ball because Knight had failed to respond to her complaints.
Kristy Ball told Underwood such comments and actions would not be tolerated.
“However, instead of prohibiting Mr. Moses from the store in which Ms. Underwood worked, defendants retaliated against Ms. Underwood for reporting her complaints regarding Mr. Moses’ sexual harassment and gender-based discrimination by altering Ms. Underwood’s work schedule, which permitted Mr. Moses to shop in the store during his normal hours,” the complaint states. “Ms. Underwood was not safe working for the defendants and had no choice but to leave her employment.”
Underwood accuses the defendants of creating a hostile work environment/sexual harassment as well as aiding and abetting such an environment. She also accuses them of retaliation, gender discrimination and constructive discharge as well as a common law Harless Public Policy Claim.
She says the actions of the defendants caused her a loss of dignity, embarrassment, humiliation, aggravation and emotional distress. She also says their actions were willful, wanton and intentional. She seeks compensatory and punitive damages, pre- and post-judgment interest, attorney fees, court costs and other relief. She says she is not seeking reinstatement at this time.
Underwood is being represented by Rodney A. Smith and M. Alex Urban of Rod Smith Law in Charleston. The case has been assigned to Circuit Judge Paul M. Blake Jr.
Fayette Circuit Court case number 21-C-106
