Woman accuses Coalfield Development Corp. of pregnancy discrimination

By The West Virginia Record | Sep 13, 2017

WILLIAMSON – A woman is suing Coalfield Development Corp. for discriminating against her based on her pregnancy.

Brittany N. Webb began working for the defendant in February 2016, according to a complaint filed Aug. 14 in Mingo Circuit Court.

Webb claims her job responsibilities included planting crops and taking care of livestock.

During her employment, Webb performed her duties in a satisfactory manner and met the reasonable expectations of the defendant, according to the suit.

Webb claims shortly after being hired, she learned that she was pregnant and notified the defendant of her pregnancy and informed the defendant that she did not foresee any issues in being able to perform the essential functions of her job.

In June 2016, the plaintiff’s supervisor required Webb to produce a medical release as a condition for continued employment with the defendant, according to the suit.

Webb claims she obtained the medical release from her physician, which included a 25-pound lifting restriction. The plaintiff’s job duties rarely required her to lift more than 25 pounds.

The plaintiff provided the medical release and reiterated her desire to continue working during her pregnancy, however, the defendant forced her to take an extended leave of absence through the rest of her pregnancy, according to the suit.

Webb claims the defendant promised that she could return to work after her pregnancy and she gave birth in December 2016.

Following the birth of her child, Webb attempted to communicate with the defendant on numerous occasions about returning to work, but the defendant has consistently denied her request, according to the suit.

Webb claims the defendant’s actions were pregnancy discrimination and violated the West Virginia Pregnant Worker’s Fairness Act.

The defendant’s actions also violated the West Virginia Human Rights Act, as they were considered sex discrimination, according to the suit.

Webb is seeking compensatory and punitive damages. She is being represented by Rodney A. Smith and Jeffrey A. Foster of Bailess Smith.

The case is assigned to Circuit Judge Miki Thompson.

Mingo Circuit Court case number: 17-C-137

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