Boone Co. woman says former employer sexually harassed her

By Kyla Asbury | Apr 6, 2011

CHARLESTON -- A Boone County woman is suing her former employer after she claims her employment was terminated because she refused her supervisor's sexual advances.

Genesis Healthcare Corporation; Eldercare Resources Corp.; Glenmark Associates, Inc.; and Jim Triana were named as defendants in the suit.

Barbara Fillinger was employed by the defendants from Aug. 14, 2001, until April 1, 2009, as a certified nursing assistant,according to a complaint filed March 11 in Kanawha Circuit Court.

Fillinger claims sometime in December 2008 or January 2009, Triana made sexual advances toward her, to which she refused.

Triana was Fillinger's supervisor and in retaliation for refusing him, Fillinger's employment was unlawfully terminated, according to the suit.

Fillinger claims the defendants violated the West Virginia Human Rights Act by wrongfully terminating her employment.

Fillinger is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Todd S. Bailess.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-406

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