CLARKSBURG — Lowe's wants a lawsuit alleging gender discrimination to be removed to federal court.
Lowe's filed the notice of removal, contending that the lawsuit should be in federal court because the amount in controversy exceeds the $75,000 threshold and the parties have a diversity of citizenship.
Lowe's argued that U.S. District Court for the Northern District of West Virginia is the proper federal court jurisdiction for the case and it timely filed its notice of removal.
"This suit is of a civil nature and...the amount in controversy, exclusive of interest and costs, exceeds the sum of $75,000," the defendant's attorney wrote.
While the plaintiff does not plead any specific amount in her complaint, the defendant contends she is seeking a myriad of remedies, including future lost wages; past and future lost benefits; emotional distress; anxiety; fear; embarrassment; humiliation; financial hardship; and attorneys fees.
Kathy Osborne filed the lawsuit against Lowe's Home Centers in Monongalia Circuit Court alleging she was discriminated against, retaliated against and wrongfully fired because of her gender.
Osborne was hired by Lowe's in 2003 as a customer sales associate in the Lawn and Garden Department in the Morgantown Lowe's store. She later was transferred to a Lowe's store in Virginia for several years before returning to the Morgantown store in August 2009, where she remained as a commercial sales specialist until she was fired.
During her employment with Lowe's Osborne had a successful sales record and had developed strong relationships with the customers with whom she worked, according to the suit.
Osborne claims she even received recognition for several years for her sales record and won several awards.
However, Osborne claims her employment was terminated on June 4 for allegedly being rude to a customer and, shortly thereafter, she was replaced with a younger male employee.
Osborne claims male employees of the defendant who had behaved in the same manner or even worse than that which was alleged that she had behaved were still working for Lowe's and were not fired, but she was fired over the allegation.
Lowe's had a history of favoring male employees, the complaint alleges.
Osborne claims the defendant's conduct in firing her was a violation of the West Virginia Human Rights Act.
Osborne is seeking compensatory and punitive damages. She is represented by Allan N. Karlin of Allan N. Karlan & Associates.
Lowe's is represented by Heather M. Garrison and Eric W. Iskra of Spilman Thomas & Battle.
U.S. District Court for the Northern District of West Virginia Case number: 1:19-v-00204