CHARLESTON – A woman is suing 3D Construction after she claims it discriminated against her and invaded her privacy.
Laura Daniel was also named as a defendant in the suit.
Nichole Ballard was hired as a secretary by 3D in August 2013 and since her date of hire, she has been subjected to severe and pervasive sexual harassment and a hostile work environment by Daniel, according to a complaint filed in Wood Circuit Court and removed to federal court.
Ballard claims the harassment has included Daniel making comments about her breasts and rear end; showing her naked pictures of private parts of people Daniel had on her phone; and Daniel asking if she would have sexual relations with a co-worker while Daniel watched.
The conduct was severe and pervasive, as well as unwelcome and offensive and had the effect of interfering with the terms and conditions of her employment, according to the suit.
Ballard claims she was also discriminated against due to her gender, as male employees were provided health insurance free of charge and she was required to pay 75 percent of the premium cost if she elected to have insurance.
The plaintiff was also not paid for her overtime work and Daniel secretly recorded her without consent, according to the suit.
Ballard claims the defendants violated the West Virginia Human Rights Act and other substantial public policies.
The defendant violated the Fair Labor Standards Act and violated Ballard’s privacy, according to the suit.
Ballard is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Amy C. Crossan of Bouchillon, Crossan & Colburn LC.
The defendants are represented by Daniel C. Cooper and Jamison H. Cooper of Cooper Law Offices PLLC.
U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-00277