DOH discriminated against man for his age, suit claims

CHARLESTON - A Kanawha County man has filed a suit against the state Department of Transportation, Division of Highways, claiming he was discriminated against because of his age.

Tom Bevins filed the suit Dec. 3 in Kanawha Circuit Court against the DOH, Roger Campbell and Dennis Watson, agents of the DOH.

Bevins was employed by the DOH about August 2003. During his employment, he claims he stood up in opposition to the discriminatory practices of the department. Due to his opposition, he claims he has been subjected to several years of harassment, creating a hostile work environment for him.

According to the suit, not only did DOH management subject Bevins to discrimination and harassment, they organized a campaign of harassment against him among other members of the DOH staff.

Bevins claims he has been used as a driller helper instead of a transportation worker, the job for which he was hired. He also claims he has been made to drive trucks when he should not and was denied his breaks so that he would work for sometimes 14 hours without a break, the suit says.

He would also be sent to Huntington and other places to ensure he would lose some benefits, such as per diem and hotel room allowances. Bevins also claims he was called names such as, "stupid" "old man" and the like.

Bevins claims he was often taunted and treated as the "dying old man," as co-workers called him.

Bevins has suffered pain and suffering, mental anguish, emotional distress, limitations in his activities, humiliation, loss of dignity, and a diminution of his ability to enjoy life. He seeks compensatory and punitive damages.

Kanawha Circuit Court case number 07-C-2574