CHARLESTON – A woman says she was a victim of sexual harassment and retaliation at her former workplace.
Lakin D.K. Smith filed her complaint in Kanawha Circuit Court against Gudenkauf Corporation and Junior Johnson.
According to her complaint, Smith began working at Gudenkauf’s Columbus, Ohio, location in September 2018. In April 2019, she was transferred to the Charleston location after expressing a desire to be closer to her home in West Virginia.
Soon after her transfer, Smith says Johnson, her supervisor, inappropriately touched her and made lewd sexual comments to her.
She says the touching included rubbing her shoulders, touching her hip area and rubbing her arms.
She says the comments included referring to her as a “sexy-tary,” telling her he bought her a “sexy schoolgirl outfit,” making inappropriate remarks about her being under Johnson’s desk, referring to a birthmark on her neck and asking if her boyfriend had been “sucking her off,” asking if she and her boyfriend have sex, accusing her of dating “hood rats,” asking if she wanted to get pregnant by a Scottish worker at a neighboring company, referring to her as a “dirt rat” and referring to her as a “chicken head,” which has a sexual connotation with Urban Dictionary.
Johnson also allegedly told Smith “to let him open her legs so he can stamp his name between her legs so her boyfriend can see it.” It notes Johnson owns a stamp with his name on it.
Smith says other employees and supervisors witnessed Johnson’s actions. She said the work environment was “inappropriate, severe and sexually pervasive.” She says some employees and supervisors engaged in the inappropriate activies.
In June 2019, Gudenkauf Vice President Mark Rogers visited the Charleston location. Smith says she reported the situation to him, who said he would speak with Johnson about it.
“Unfortunately, the inappropriate conduct by defendant Johnson intensified,” the complaint states. “Defendant Johnson continued to inappropriately touch and make lewd comments to plaintiff despite plaintiff asking him to stop.”
On September 9, 2019, Smith says she met with Gudenkauf officials. She says she was threatened that an attorney was going to take legal action against her based on her reports of sexual harassment. She also learned she’d still have to work with Johnson.
“(Human Resources representative Amanda) Parden recommended that plaintiff leave work and contemplate whether she still wanted to work for the Gudenkauf Corporation,” the complaint states. “Plaintiff was in disbelief and sobbed.
“In light of the hostile work environment, plaintiff was forced to resign her employment.”
Smith accuses the defendants of sexual harassment and a hostile work environment, reprisal and constructive discharge. She says she has suffered loss of dignity, embarrassment, humiliation, aggravation and emotional distress.
She seeks compensatory, general and punitive damages as well as pre- and post-judgment interests, court costs, attorney fees and other relief.
In his answer to the complaint, Johnson denies the allegations against him. Gudenkauf has yet to file its response.
Smith is being represented by Todd S. Bailess, Rodney A. Smith and Jodi R. Durham of Bailess Smith in Charleston. Johnson is being represented by David J. Mincer and Samuel M. Bloom of Bailey & Wyant’s Charleston office. Gudenkauf is being represented by Bryan R. Cokeley of Steptoe & Johnson’s Charleston office. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 20-C-590
