Pineville moves to dismiss ex-employee's racism suit

BECKLEY – The Town of Pineville is moving to dismiss a civil rights lawsuit filed against it, arguing the plaintiff neglected to file a charge with the Equal Employment Opportunity Commission.

The Town filed its motion on Aug. 23 in U.S. District Court for the Southern District of West Virginia in response to Kenneth “Butch” Warner’s lawsuit, which was originally filed earlier this year in Wyoming County.

Warner, an African-American, said he was fired from his job as supervisor of work crews because of his race.

“In so filing, Plaintiff has skipped an important administrative procedure by failing to file a charge with the Equal Employment Opportunity Commission,” the memorandum in support of the motion to dismiss says.

“The Plaintiff in this case has not satisfied the multi-tiered administrative scheme found in the Title VII. The Plaintiff never filed a charge regarding the termination that is the subject of his complaint with the appropriate state agency, in this case, the West Virginia Human Rights Commission.

“The Plaintiff also failed to file a charge with the EEOC. Because the Plaintiff never filed a charge with the EEOC, he never received the requisite right-to-sue letter.”

Representing Pineville is Johnnie E. Brown and Jill M. Harlan of Pullin, Fowler, Flanagan, Brown & Poe.

Warner’s complaint says he fired on May 25, 2011. During his employment, he was targeted for employee discipline and drug testing and was otherwise given negative treatment.

“(W)hile serving in his supervisory capacity, your Plaintiff reported racial slurs made by subordinates to the Mayor and members of the town council,” the complaint says.

“The subordinate was not disciplined, or counseled, and the racial slurs persisted. Your Plaintiff was antagonized, humiliated, and otherwise injured by the Town of Pineville, through its mayor and council failing to control racial epithets and statements made by other town employees even after the same had been reported to the Town of Pineville.”

Warner is represented by Timothy P. Lupardus of Pineville.

Pineville removed the case to federal court on Aug. 23.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.