Manager accuses employer, co-workers of disability discrimination

By Philip Gonzales | Oct 19, 2016

CHARLESTON — A Putnam County woman is suing her former employer and co-workers, alleging disability discrimination and wrongful termination.

Cherrie M. James filed a lawsuit Sept. 19 in Kanawha Circuit Court against Oldcastle Materials Inc., Deloris Mears and Jennifer Sanson, alleging violation of the West Virginia Human Rights Act.

According to the complaint, on July 1, 2015, James suffered a stroke while at work and was diagnosed with diabetes and remained out of work more than two weeks. Upon her return to work through her termination Oct. 9, 2015, she was discriminated against based on her disability. 

The plaintiff alleges Mears and Sanson discriminated against her and conspired together to commit acts of involuntary terminating her employment as a business manager with the purpose of harassing and embarrassing her and to cause economic loss.

James seeks trial by jury, compensatory damages, punitive damages, costs of litigation, and all other legal and equitable relief. She is represented by attorneys Philip Estep, Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston.

Kanawha Circuit Court Case number 16-c-1431

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