Former employee says Pizza Hut discriminated against him

By Kyla Asbury | May 10, 2012

CHARLESTON -- A Raleigh County man is suing Pizza Hut after he claims he was forced to resign from his employment due to discrimination.

Kyle Taylor, the manager of the Pizza Hut restaurant, was also named as a defendant in the suit.

Michael Gilkerson was employed at Pizza Hut as a production worker, according to a complaint filed April 24 in Kanawha Circuit Court.

Gilkerson claims he consistently performed his duties in a satisfactory manner and met the reasonable expectations of his employer, but due to his cerebral palsy and other disabilities, he was repeatedly harassed, ridiculed and discriminated against by Taylor.

Pizza Hut was aware of the harassment and discrimination, but failed to take corrective action and on March 30, Gilkerson was forced to resign from his employment, according to the suit.

Gilkerson claims the defendants' actions violated the West Virginia Human Rights Act.

The defendants' actions were also willful and malicious, according to the suit.

Gilkerson is seeking compensatory and punitive damages with pre-judgment interest. He is being represented by C. Benjamin Salango and Stephanie L. Ojeda.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-729

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