Woman says Res-Care co-worker harassed her

CHARELSTON - A Kanawha County woman has filed a suit against her former employer after she was fired because she filed a sexual harassment claim.

Rebecca Holley filed a suit March 10 in Kanawha Circuit Court against Res-Care and RSCR West Virginia Inc., as well as Jody Ball, whom she claims sexually harassed her in their office.

According to the suit, Ball was Holley's supervisor at the Res-Care facility in Dunbar. Holley claims that over several months, Ball subjected her to unwanted and uninitiated sexual advances, suggestions, innuendos and comments.

Holley also claims Ball has a tattoo below his belly button with language that is derogatory and highly offensive toward women, which he frequently displays to co-workers.

In response to the harassment, Holley filed a grievance Sept. 7, 2007, against Ball. According to the suit, Holley was put on administrative leave without pay Sept. 28, 2007, and shortly thereafter, her employment was terminated.

Holley claims Ball's actions were committed in the course of his employment with Res-Care, which makes the company liable for his actions.

In the four-count suit, Holley claims she was subjected to a hostile work environment and suffered emotional distress.

Holley seeks compensatory and punitive damages against each defendant for the lost wages, benefits, humiliation, embarrassment, emotional distress, aggravation, annoyance and inconvenience she suffered.

Attorney Tim J. Yianne is representing Holley. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 08-C-467