Barboursville woman sues FedEx for discrimination

By Kyla Asbury | Oct 18, 2010

HUNTINGTON -- A Barboursville woman is suing FedEx after she claims they discriminated against her because of her gender and disability.

Monica Kelly attempted to apply for employment with the defendant as a package handler, which was a part-time position that was available and an interview and sorter test were scheduled for Aug. 26, according to a complaint filed Sept. 24 in Cabell Circuit Court.

Kelly claims since she is deaf, an interpreter was sent to the facility to facilitate communication during the interview and testing.

The defendant, through its employee John Harshbarger, "displayed animosity and bias toward the plaintiff...including making derogatory statements about 'those people' when referring to the plaintiff," according to the suit, and told Kelly that there was a lot of physical work and all of the employees were males.

Kelly claims she was not given an interview, nor was she permitted to take the sorter test. She claims she was also told that she would be given a call if a position became available, despite the fact that the position was available.

The defendant violated the West Virginia Human Rights Act, according to the suit.

Kelly is seeking compensatory and punitive damages. She is being represented by Amy C. Crossan.

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

Cabell Circuit Court case number: 10-C-703

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