Woman blames Elk Run Coal for harassment, bird droppings

By Kyla Asbury | Jan 11, 2013

CHARLESTON – A woman is suing Elk Run Coal Company after she claims she was harassed by an employee.

Alpha Natural Resources Services, LLC, was also named as a defendant in the suit.

Crystal D. Bowyer was employed by Elk Run and Alpha beginning Sept. 28, 2007, according to a complaint filed Jan. 3 in Kanawha Circuit Court.

Bowyer claims during her employment an employee harassed her, but the defendants did not remedy the problem.

During the time in which Bowyer was employed by the defendants, the facility also became unsafe and unsanitary due to the accumulation of bird droppings and when Bowyer complained, no action was taken, according to the suit.

Bowyer claims the defendants never conducted any safety meetings and failed to provide warnings for safety issues.

When Bowyer requested to be transferred because of the harassment and unsafe working conditions, she was denied a transfer, according to the suit, so she chose to end her employment on Aug. 3, 2011.

Bowyer claims the defendants created a hostile working environment and caused her damages.

The defendants were negligent and caused Bowyer to incur costs and expenses for medical care, according to the suit.

Bowyer is seeking compensatory damages, reinstatement, front pay, back pay and pre- and post-judgment interest. She is being represented by Robert H. Miller II and Shawn R. Romano.

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

Kanawha Circuit Court case number: 13-C-14

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