CHARLESTON – A female State Trooper has sued the West Virginia State Police claiming she is a victim of gender discrimination.
According to the comlaint Talia Divita filed in Kanawha Circuit Court, she has worked as a trooper since 2003 and has consistently performed in a satisfactory manner.
In September 2017, she was transferred to work on the West Virginia Turnpike. Soon after, she says she was harassed by Sgt. Wendell Knight during a detachment meeting. She contacted First Sgt. Robert A. Maddy, who she says didn’t offer her any relief or assistance.
Divita says Maddy then began to retaliate against her with criticism, critique and harassment. The complaint lists other incidents involving through the summer of 2019. Then, Maddy gave Divita a performance review that included six “does not meet expectations” for the period of July 1, 2018, to June 30, 2019. Thus, she was not eligible for the 2020 promotion cycle or raise in pay.
Divita asked for her evaluation be reviewed, but that request was denied.
She says the defendant’s actions constitute discrimination and harassment and created a hostile work environment. She also says the actions are violations of the West Virginia Human Rights Act.
Divita says she has suffered lost wages and benefits as well as emotional distress, indignity, embarrassment, humiliation, annoyance and inconvenience.
She seeks damages, pre-judgment interest, attorney fees, court costs and an injunction on the defendant’s 2020 promotion cycle.
In their answer, the State Police deny the allegations and seek to have the case dismissed.
Divita is being represented by Mark A. Atkinson and John-Mark Atkinson of Atkinson & Polak in Charleston. The defendants are being represented by Wendy E. Greve and Jacob D. Layne of Pullin Fowler Flanagan Brown & Poe in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-667