WHEELING – A Moundsville woman says she was sexually harassed while working at a Taco Bell.
Courtney Todd filed her complaint May 29 in Ohio Circuit Court against Charter Foods Inc., Theresa Gorby, Stacey Winegardner and Jason Scott.
According to her complaint, Todd worked as a shift manager at the Taco Bell in Triadelphia with fellow shift manager Jason Scott on Nov. 7, 2019. Todd says Scott repeatedly sexually harassed her for the duration of the shift that day.
“Todd, wanting to reward crew members decided to go to the nearby Walmart and purchase edible treats for the crew to eat,” the complaint states. “Prior to leaving for Walmart, defendant Scott referenced the Cinnabon treats served at that Taco Bell and told Ms. Todd that he would like to ‘put them between your tits and lick the cream off you.’”
Todd says she was shocked by “the disgusting and inappropriate comments.”
Later in the shift, she says Scott intensified his sexual harassment.
“As the night progressed, defendant Scott kept getting closer to Ms. Todd and continued to speak to her in a vulgar nature stating, ‘I want to taste you, I want to know how you feel,’” the complaint states.
Todd said she told Scott she was in a relationship and “not a cheater.” Scott replied by saying what “he doesn’t know won’t hurt him,” implying any sexual contact would be kept a secret.
The complaint details other inappropriate and vulgar comments made by Scott, also saying he initiated unwanted physical contact by repeatedly rubbing her shoulders. It says he also offered to show Todd his penis and said he wanted to take her “behind the dumpster and bend her over.”
The next day, Todd says she reported the incident to location manager Theresa Gorby.
“Todd reports that defendant Gorby laughed at Ms. Todd’s account of what happened and questioned her, asking Ms. Todd, if she was ‘serious,’” the complaint states. “After Ms. Todd assured defendant Gorby that the incidents she reported had happened, defendant Gorby told Ms. Todd that she would have to report the incident to defendant Stacey Winegardner, the area manager.’
Later that day, Todd reported for her shift despite knowing Scott also was scheduled to work.
“When Ms. Todd arrived for her November 8, 2019, shift, she met with both defendant Gorby and defendant Winegardner to further discuss the incident,” the complaint states. “At the meeting, defendant Gorby appeared to be taking notes, however neither defendant Gorby nor defendant Winegardner took the incident seriously.
“At one point during the meeting, defendant Windgardner told Ms. Todd that she would review the videotapes of the night in question and if Ms. Todd was smiling and smirking to him then you were pretty much asking for him to talk to you that way.”
Todd says Gorby and Winegardner also insinuated Scott’s actions could not have bothered Todd too much as she had waited a whole day to report the incident.
“When Ms. Todd returned to work the next day, she believed that the other store employess were aware of the incident and were treating it like a joke,” the complaint states. “Ms. Todd reports several coworkers came to her and asked her specific questions regarding the incident. Ms. Todd reports that she felt humiliated and ashamed by the lack of confidentiality regarding her victimization.”
Todd says she asked for a few extra days off to process the situation and to move on. She says Winegardner said that was fine, but then told her she would need a doctor’s note to return to work. Todd disputes needing a note to return to work after two days off, and she said she believes the mandate was in retaliation for her complaint.
She says the defendants failed to take disciplinary action against Scott, thus creating a hostile work environment for her. She says she has no medical insurance and couldn’t afford to go to a doctor to get a return to work note, so she needed to find a new job.
“Todd believed and still believes continuing to work at Taco Bell under the circumstances cited above was intolerable,” the complaint states.
After a few weeks, she returned to the restaurant to retrieve some personal items. Then, she was called by Winegardner and asked if she was coming back to work.
When Ms. Todd told defendant Winegardner, it was not policy that she needed a doctor’s note to return to work, defendant Winegardner retaliated against Ms. Todd and told her that she was no longer allowed in the store,” the complaint states, adding that Todd performed an internet search about Scott and learned he had been charged previously with Gross Sexual Imposition in Belmont County, Ohio.
Todd accuses all defendants of sexual harassment, a hostile work environment and violating the West Virginia Human Right Act. She accuses Charter Foods of sexual harassment strict liability as well as negligent hiring and retention. She accuses Charter Foods, Gorby and Winegardner of constructive discharge.
She seeks compensatory damages for past and future lost wages, future lost earning capacity, pain, suffering, emotional distress, embarrassment, humiliation, aggravation, inconvenience, attorney fees, court costs and other relief. She also seeks punitive damages.
Todd is being represented by Joshua Miller and Jake Polverini of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge Michael Olejasz.
“We at Toriseva Law are humbled by the opportunity to represent this brave woman and we value the chance to bring cases for women sexually harassed at work and bring this issue to light," attorney Teresa Toriseva told The West Virginia Record. "It’s disgusting to see this conduct that departs so radically from the proper standard in any work place.
"These allegations suggest a fundamental failure of a training and education program at this facility. The mere fact that this happened to our client suggests there could be other victims.”
Ohio Circuit Court case number 20-C-113
