CHARLESTON – A Kanawha County woman and U.S. Army veteran accuses NGK Spark Plugs of discrimination.
Valarie Dean filed her complaint against NGK Spark Plugs Inc. in Kanawha Circuit Court. The company seeks to have the case dismissed.
According to her complaint, Dean started working at NGK’s facility in Sissonville in October 2018 as a sensor production associate. She worked full-time and earned $13.84 per hour.
Upon her honorable discharge from the Army in 2006, Dean received a 50 percent veteran’s disability. Because of that, she can hold gainful employment as long as her disability does not total 100 percent.
She suffered from rheumatoid arthritis, which required her to apply for short-term disability in early 2019. Before she was to return to work after a 30-day leave, she was asked to provide a completed "Return To Work/Modified Duty Certification.” Her health care provider filled it out with a few restrictions regarding weight she could lift or push, but it did not limit her ability to perform the essential functions of her job she had before her leave.
Still, she says NGK terminated her April 11, 2019.
She accuses the company of disability discrimination, gender discrimination, age discrimination and violation of the West Virginia Human Right Act.
Dean seeks compensatory damages for lost wages, front pay, back pay, fringe benefits, costs associated with finding new employment, annoyance, inconvenience, embarrassment, humiliation and emotional distress. She also seeks punitive damages as well as attorney fees, pre- and post-judgment interest and other relief.
In its motion to dismiss, NGK denies the allegations.
Dean is being represented by attorney Hoyt Glazer of Huntington. NGK is being represented by Ronda L. Harvey and Gabriele Wohl of Bowles Rice’s Charleston office. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 20-C-525