CHARLESTON — One of the defendants in a lawsuit that alleged discrimination wants to have the lawsuit dismissed.
Robin Johnston argues that she has immunity and that the plaintiff does not sufficiently allege an actionable gender discrimination claim under the Human Rights Act, according to a Feb. 11 motion filed in Kanawha Circuit Court.
Johnston claims the allegations the plaintiff argued fail to sufficiently allege gender discrimination under the West Virginia Human Rights Act because the plaintiff "improperly construes Plaintiff's gender as male is the only determining factor upon which Defendant used to base the alleged statement..." that he looked like the man who had raped her when she was younger.
Johnston argues her statements to the plaintiff were not simply because he was a man and overlooked that there was no evidence that the comments were based on gender as opposed to some physical resemblance to a specific other person.
In the complaint, the plaintiff does not sufficiently allege actual sexual harassment claims under the Human Rights Act.
Johnston asks the court to enter an order dismissing the claims against her with prejudice. She is represented by Julie Meeks Greco of Pullin Fowler Flanagan Brown & Poe in Charleston.
Kenneth B. Pingley filed the lawsuit against Johnston and West Virginia Department of Motor Vehicles alleging that Johnston was his superior and that her comments caused Pingley not to get a promotion.
Pingley claims she knowingly made false claims about him, which harmed his reputation, earnings and well-being, according to a complaint filed in Kanawha Circuit Court.
The defendants discriminated against Pingley due to his gender.
Pingley is seeking compensatory and punitive damages. He is represented by D. Adrian Hoosier II of Hoosier Law Firm in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-818
