CHARLESTON — Two women who were employed by the West Virginia Department of Health and Human Resources say they were subjected to a hostile work environment and sexual harassment by a former supervisor.
Allison Daniels and Sierra Feazell filed their complaints last month in Kanawha Circuit Court against the DHHR and Brian Phillips. They previously had filed the complaints, but a technical error required them to be refiled.
“It is unconscionable that one state agency would make a decision that Brian Phillip’s conduct was non-correctable, and then the state Department of Heath and Human Services would hire him to care for displaced children and vulnerable adults,” attorney Travis Griffith, who is representing the plaintiffs, told The West Virginia Record. "The hiring of this man by the department shocks the conscious.”
Griffith
| Courtesy photo
Griffith said Phillips previously was a teacher in Boone County, but he was fired in 2017 amidst charges and an investigation of complaints from students for having inappropriate conversations with minor students and making sexually charge comments on a regular basis.
In a 28-page decision from the West Virginia Public Employees Grievance Board, the state affirmed the school board’s decision to fire Phillips for conduct that it found was not “correctable." Specifically, the board said Phillips’ conduct “directly and substantially affects the morals, safety, and health of the system in a permanent, non-correctable manner.”
The first lawsuit involves Allison Daniels, who is employed by the DHHR and Phillips was, at one point, her direct supervisor, according to a complaint filed in Kanawha Circuit Court.
Daniels claims in 2022, she began to receive unwarranted, unreciprocated and unprofessional sexual advances by Phillips. She says the advances were daily, and she says Phillips would go out of his way to remind her he was her supervisor.
"Defendant Phillips would text the plaintiff that '[y]ou know you are never alone,'" the complaint states. "In the office, Phillips would make gestures toward his groin area acting like he was taking a picture of his penis for plaintiff to see."
In the office, Phillips would also make comments of a sexual nature toward the plaintiff to which she on multiple occasions told him that he should not be saying such things to her, according to the complaint.
The defendant also would discuss sexual topics directed toward her and made her extremely uncomfortable and anxious, according to the suit.
Daniels claims she Phillips received his first EEOC letter on June 10, 2022, and she filed a formal complaint and submitted a form to the EEOC on June 14, 2022.
Daniels claims despite her claims being substantiated, she began to recognize different, hostile treatment from many of her coworkers and managers.
"Recently, in his new employment with Arc of the Three Rivers, plaintiff learned that she would again be working with defendant Phillips," the complaint states. "The conduct plaintiff was met with in response to her refusal to work with Mr. Phillips caused her to file a second grievance at work at the DHHR."
Daniels claims the defendant violated the West Virginia Human Rights Act and has caused her damages.
The other lawsuit involves Sierra Feazell. Feazell claims in the fall of 2020, she began to experience unwarranted, unreciprocated and unprofessional sexual advances by Phillips.
Phillips would verbally solicit sexual favors and dates from Feazell and attempted to engage in a sexual relationship with her.
"In the office, defendant Phillips would approach the plaintiff from behind and rub her shoulders, touch the small of her back, rub against her rear-end and whisper in her ear," the complaint states. "Defendant Phillips would discuss his desires to perform oral sex on the plaintiff."
Phillips also would message Feazell via text message and Facebook Messenger.
Feazell filed a complaint against Phillips in June 2022. Feazell claims in his new employment with Arc of the Three Rivers, she discovered she will have to, again, work with Phillips.
Feazell also claims that when children and some adults requiring services would be taken in the evening hours, the DHHR would utilize state, tax-based funds to rent hotel rooms for workers and the person needing placement. At those times, she said Phillips would schedule himself with Feazell and attempt to engage in sexual conduct with her.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Griffith of Griffith Law Center in Charleston.
Kanawha Circuit Court case number: 23-C-1069 (Daniels), 23-C-1070 (Feazell)
