WEST VIRGINIA RECORD

CHARLESTON -- A woman is accusing the state regional jail system of age discrimination after she was passed over for promotion.

Kimberly S. Murphy filed a lawsuit May 6 in Kanawha Circuit Court against the state of West Virginia, the Department of Millitary Affairs and Safety, Regional Jail and Correctional Facility Authority and Tygart Valley Regional Jail, citing age discrimination.

According to the complaint, Murphy has been an employee of Tygart Valley Regional Jail in Randolph County as a clerk since March 2005, after working in several capacities for the state department of corrections since 1979.

On February, 21, 2012, the Regional Jail Authority posted a job vacancy at Tygart, which Murphy applied for, believing that 33 years of experience gave her sufficient qualifications for the newly created human resources position.

However, on April 17, 2012, the position was given to another candidate who had only a year and a half of experience, according to the complaint.

Murphy is accusing the defendants of failing to recognize her qualifications for the position and giving the position to a younger employee deemed "better looking" by members of the hiring committee.

The defendants committed violations of the West Virginia Human Rights Act due to age discrimination against the plaintiff and are accused of creating a hostile work environment, according to the complaint.

Murphy is seeking damages including pre- and post-judgement, compensatory damages and costs.

She is being represented in the case by attorney Bader C. Giggenbach of Brewer & Giggenbach LLC. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court Case No. 14-C-842