Man sues Huntington, Sanitary Board for race discrimination

HUNTINGTON -- A Huntington man is suing the City of Huntington and the Huntington Sanitary Board after he claims he was discriminated against because of his race.

Wayne H. Friday began working for the Huntington Sanitary Board on Feb. 7, 2000, as a mechanical maintenance mechanic, according to a complaint filed May 5 in Cabell Circuit Court.

Friday obtained his Class I Wastewater Treatment Operator's License in 2007, his Class II Wastewater Treatment Operator's License in 2008, and his Class III and Class IV Wastewater Treatment Operator's Licenses in 2010, according to the suit.

In September 2008, the Huntington Sanitary Board posted an administrative job for a treatment plant foreman. The position required the applicant to be able to obtain a Class IV Wastewater Treatment Operator's License within one year of employment. Friday applied for the job, but Rick Eaglon, a white male, was given the position instead, according to the suit.

Friday claims Eaglon had a Class IV Wastewater Treatment Operator's License, but that he had no operator experience.

In December 2009, the Huntington Sanitary Bard posted a position for treatment plant foreman again, but the job requirements changed, according to the suit.

Friday claims instead of being able to obtain a Class IV Wastewater Treatment Operator's License within one year of employment, the applicant would not have two years to obtain the license.

Friday claims he applied for the job again, but the position was given to Roy Keller, a less-qualified white male under the age of 40.

Keller had a Class I Wastewater Treatment Operator's License and despite extending the time period from one year to two years after employment, he could not obtain a Class IV Wastewater Treatment Operator's License in the time frame, according to the suit.

Friday claims he was the only candidate for the position who could have met the requirements for the job and that he was passed over because of his race. He also claims that during his employment he has endured his supervisors and co-workers making derogatory comments about his race and that the defendants have permitted the comments to take place and have taken no action against them.

Friday is seeking back pay, front pay and benefits; compensatory and punitive damages; and equitable and/or injunctive relief ordering the defendants to promote him to treatment plant foreman. He is being represented by Paul E. Biser.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-357