WEST VIRGINIA RECORD

WINFIELD -- A Putnam County woman claims she was subjected to intolerable sexual comments while working at a local grocery store.

Amanda G. Miller filed the complaint June 14 in Putnam Circuit Court. The defendants are Putnam Grocery, doing business as Eleanor Foodland, and Scott Egnor.

Miller, who lives in Red House, says she started working at the Eleanor Foodland on Feb. 6, 2006. She worked there until April 27 as a food service person in the deli section.

During her employment, Miller says "she was subjected to sexual barbs, derogatory sexual comments, sexual innuendoes and other verbal conduct of a sexual nature from the defendants."

In the suit, filed by Nitro attorney Harvey D. Peyton, Miller says the conduct was "severe and pervasive so as to alter the plaintiff's conditions of employment and create an intolerable, hostile and/or abusive work environment." She also contends the conduct was known or should have been known by management, and she says Foodland failed to implement effective remedial procedures regarding the hostile work environment and failed to adequately respond to the hostile work environment.

Miller also claims the actions were an intentional or reckless infliction of emotional distress.

"Conduct was atrocious, intolerable and so extreme and outrageous as to exceed the bounds of decency," she says in the complaint.

And because the actions were "willful, wanton, reckless and in total disregard of her civil rights," Miller seeks punitive damages.

In addition to past and future lost wages and loss of employment benefits, Miller says she suffered humiliation, embarrassment, emotional and mental distress and loss of personal dignity. She also says she has incurred and continues to incur significant attorney fees and court costs. She also seeks pre- and post-judgment interest as well as other relief.

Miller also asks the court to enjoin the defendants from engaging in further discriminatory practice and require them to participate in or implement "an educational program that will enlighten them on the prevention of sexual harassment in the work place and the effects that can result therefrom."

Miller requests a jury trial. The case has been assigned to Circuit Judge O.C. "Hobby" Spaulding.

Putnam Circuit Court case number: 06-C-202