Woman sues Family Carpet Outlet for harassment, discrimination

CHARLESTON – A former employee is suing Family Carpet Outlet, Inc., after she claims she was harassed and discriminated against because of complaints she made.

Linda S. Bundy was employed by the defendant in its St. Albans location for several years until her discharge on Nov. 4, 2011, according to a complaint filed Nov. 5 in Kanawha Circuit Court.

Bundy claims over the years she made several complaints regarding the harassment and/or discriminatory actions of two male supervisors, Paul Paxton and Bill Errett, which included the display in the common area of the store of a photograph of a naked man; comments that “all women are liars, therefore you are a liar”; and paying men in similar positions a higher salary than her.

The defendant took only minimal action in response to Bundy’s complaints and failed to take further action when she alerted them that the harassment and discrimination were ongoing, according to the suit.

Bundy claims her employment was terminated on Nov. 4, 2011, in retaliation for her complaints.

Family Carpet Outlet’s failure to take remedial action against the perpetrators was unwarranted and intrusive, according to the suit.

Bundy claims the defendant’s actions caused her to sustain physical, mental and emotional damages; incur medical expenses; suffer embarrassment, humiliation, annoyance and inconvenience; and sustain lost wages.

The defendant’s actions also constitute sexual harassment and/or a hostile work environment, according to the suit, and violate West Virginia code.

Bundy claims “the words stated by the defendant’s employee, Paul Paxton, constitute ‘Insulting Words’ as defined by the Official Code of West Virginia... as such words and the manner in which they were spoken are construed as insults and tend to violence and breach of the peace.”

Family Carpet Outlet’s and/or its employees’ actions were intentional, malicious and done with callous and reckless disregard for Bundy’s constitutional and statutory rights and contrary to the work regulations of the defendant, according to the suit.

Bundy is seeking compensatory and punitive damages. She is being represented by Michael T. Clifford and Richelle K. Garlow.

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

Kanawha Circuit Court case number: 12-C-2216