HUNTINGTON – A Cabell County woman claims she was a victim of discrimination and retaliation by Lowe’s Home Centers.
Mary Clayborn filed her complaint in U.S. District Court against Lowe’s, saying the North Carolina-based retailer failed to comply with the Family and Medical Leave Act of 1993, the West Virginia Human Rights Act and state laws.
In its answer to the complaint, Lowe's denies the allegations.
According to her complaint, Clayborn began working for Lowe’s in 2015 as a sales associate. She says she was the only Black female where she worked.
In May 2018, she says a white assistant store manager began picking on her and another Black employee. She says she promptly reported the harassment to store managers and to corporate.
In February 2019, Clayborn developed pneumonia, which caused severe health problems. She missed 10 days of work, and she applied for and received FMLA benefits.
When she returned to work, Clayborn claims Lowe’s alleges she was late for work several days in a row. She disputed the claim and reported that to management.
“On March 28, 2019, shortly after Ms. Clayborn’s return to work, Ms. Clayborn’s manager told her that he could not fire her for having taken FMLA, and that he was firing her for having been absent,” the complaint states. “The same day that defendant fired her, Ms. Clayborn received a salary increase.”
After she was fired, Clayborn says she was unable to find suitable employment for several months. In September 2019, she applied to work at another Lowe’s in South Point, Ohio. She interviewed and was offered a part-time job at $12 per hour.
However, before she started the job, Clayborn says she was contacted by Lowe’s and told she had failed a drug test. She asked for a copy of the drug test, but she says Lowe’s refused to provide her a copy of it.
She says she has never received a positive screen when tested over the previous 10 years, and she says she was taking prescription medications. She also claims Lowe’s disseminated the alleged results to other employees and others for no reason.
She says the treatment by Lowe’s has caused her stress, and she still hasn’t found gainful employment.
Clayborn accuses Lowe’s of interfering with her rights under the FMLA, discrimination and retaliation for exercising rights and engaging in protected conduct under FMLA, race discrimination, retaliatory discharge and invasion of privacy.
She seeks compensatory damages, liquidated damages, lost wages, back wages, benefits, reinstatement and/or front pay, court costs, attorney fees, pre- and post-judgment interest and other relief. She also seeks punitive damages and damages for annoyance, inconvenience, embarrassment and emotional distress.
Clayborn is being represented by James D. McQueen Jr. of McQueen Davis in Huntington as well as Hoyt Glazer of the Law Office of Hoyt Glazer in Huntington. Lowe's is being represented by Ellen J. Vance and Eric W. Iskra of Spilman Thomas Battle in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:20-cv-00523
