Employee sues WVDOT for alleged sexual assault

By Kyla Asbury | Oct 24, 2013

CHARLESTON - A Kanawha County woman is suing the West Virginia Department of Transportation after she claims she was sexually assaulted by another employee.

Denise L. Gould was employed by the defendant and consistently performed her duties in a satisfactory manner, according to a complaint filed Sept. 24 in Kanawha Circuit Court.

Gould claims on July 24, Howard Mullens, a supervisor with the WVDOT, physically assaulted her in a sexually offensive manner.

Despite the assault and numerous other sexually offensive assaults on other female employees, Mullens continues to be employed by the defendant, according to the suit.

Gould claims Mullens' actions created a hostile work environment and violated the West Virginia Human Rights Act.

As a direct and proximate result of the defendant's actions, Gould is entitled to damages for emotional distress, indignity, embarrassment, humiliation, annoyance and inconvenience, according to the suit.

Gould is seeking compensatory damages with pre-judgment interest. She is being represented by Mark A. Atkinson of Atkinson & Polak PLLC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1814

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