CHARLESTON – An African-American man alleges his Nitro employer failed to reinstate him after a temporary layoff because of his disability.

Rodney Johnson Jr. filed a complaint on Dec. 4, 2017, in the Kanawha Circuit Court against Spirit Services of WV LLC and David Grant alleging violation of the West Virginia Human Rights Act.

According to the complaint, the plaintiff began working for the defendants in 2015 at the tank farm and was later transferred to the warehouse. He alleges that he was subjected to a racially hostile work environment.

The suit states in 2016, the plaintiff broke his tailbone and was required to work on light duty. He alleges when he delivered the doctor's note to Grant on Sept. 19, 2016, he was temporarily laid off. When he was cleared to work full duty by his doctor, the suit states Grant told him that he was not being reinstated.

The plaintiff holds Spirit Services of WV LLC and Grant responsible because the defendant allegedly failed to provide reasonable accommodation, terminated his employment because of his disability and refused to reinstate him after he was cleared by his doctor to work full duty.

The plaintiff requests a trial by jury and seeks all damages, plus interest, attorney's fees, costs and all other remedies available under the law. He is represented by Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number 17-C-1647




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