Female driver accuses Penske of discrimination based on sex

By Louie Torres | Nov 15, 2017

CHARLESTON – A Logan County truck driver alleges that her employer treated male drivers more favorably and failed to provide accommodation to her after a surgery.

CHARLESTON – A Logan County truck driver alleges that her employer treated male drivers more favorably and failed to provide accommodation to her after a surgery.

Melinda Mathes filed a complaint Oct. 6 in U.S. District Court for the Southern District of West Virginia at Charleston against Penske Logistics LLC, doing business as Penske Leasing and Rental Co.; Penske Truck Leasing Co.; and Penske Truck Leasing Corp. citing the Family and Medical Leave Act and discrimination based on sex.

According to the complaint, the plaintiff was hired as a truck driver for the defendants in August 2015 at its Ravenswood location. The suit states that in December 2016, she underwent surgery for a serious health condition and was released by her physician for light duty work in February. The suit states that the defendants refused to allow her to return to work because of the light duty restrictions, but was then ordered to return to work in March before her FMLA leave was exhausted. She alleges when she returned to work, she was not assigned to light duty, not provided a women's-only restroom to care for a wound, and was assigned more difficult routes.

The plaintiff holds the defendants responsible because the defendants allegedly retaliated against the plaintiff by refusing proper accommodation by providing light duty restrictions to her and disregarded her FMLA rights.

The plaintiff requests a trial by jury and seeks back wages, liquidated damages, reinstatement and/or front pay, court costs, actual damages for lost wages, front pay, back pay, fringe benefits, general and compensatory damages, punitive damages, interest, court costs and any further relief this court grants. She is represented by Hoyt Glazer of Law Office of Hoyt Glazer PLLC in Huntington.

U.S. District Court for the Southern District of West Virginia case number 2:17-cv-04106

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