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Friday, April 26, 2024

Former server says she was sexually harassed while working at Cracker Barrel

State Court
Crackerbarrel

CHARLESTON – A former Cracker Barrel server says she had to endure sexual harassment and a hostile work environment at the Cross Lanes location.

Abigail G. Woodyard filed her complaint October 13 in Kanawha Circuit Court against Cracker Barrel Old Country Store Inc., manager Rose Gardner and two John Doe employees.

According to her complaint, Woodyard worked as a server at the Cross Lanes store from November 2019 to January 2020. She had just turned 18, and she says she was repeatedly sexually harassed by coworkers in the form of leering, inappropriate and lewd comments and unwanted touching.

Woodyard says the defendants were aware of the sexually pervasive work environment but did nothing to correct the problem.

When she first started the job, Woodyard says she underwent two days of training with a new male employee. When they were alone during training, Woodyard says the man, who was in his late 20s or early 30s, made inappropriate comments to her, including telling her she was beautiful, asking if she had a boyfriend, asking if she found the man attractive, asking if she had ever had sex and asking her about her sexual preferences.

Woodyard says she notified Gardner and another manager of the new hire’s conduct and asked not to be scheduled to work with him. But they were scheduled together some, and she says he leered at her and continued to make her uncomfortable.

She says another unidentified male employee also made inappropriate comments to her, telling her she was “hot” and “sexy.” She says this employee also touched her inappropriately as well by pressing against her as he walked by or bumping into her.

Woodyard says Gardner knew of the second employees conduct and that he had sexually harassed other female employees.

She says she was forced to quit the job because of the situation.

Woodyard accuses the defendants of sexual harassment, a hostile work environment, aiding and abetting and constructive discharge. She says she suffered loss of dignity, embarrassment, humiliation, aggravation and emotional distress. She says she also suffered lost wages and benefits.

She seeks compensatory damages for her injuries, punitive damages, pre- and post-judgment interest, attorney fees and court costs.

Woodyard is being represented by Todd S. Bailess and Jodi R. Durham of Bailess Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 21-C-913

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