HUNTINGTON – A Cabell County man says he was discriminated against by the Huntington Water Quality Board.
Melvin Sharp, who is Black, filed his complaint March 11 in Cabell Circuit Court against the HWQB.
According to the complaint, Sharp says he sought employment with the defendant in August 2019. The HWQB manages the Huntington Sanitary Board and the Huntington Stormwater Utility Board. Sharp says the Sanitary Board was looking for truck drivers, and he had his CDL and experience. He also said he sought the job because of the security of union membership that came with it.
Sharp says he was told to apply for the job with Kelly Services, a temp agency. But he then learned Kelly didn’t have a contract with the board. So, he was told to apply through Indeed, which he did. He also applied through Forte Staffing, another temp agency.
During his interview, he was told he would be hired by the defendant after a 90-day period of working through Forte Staffing. In September 2019, he learned he was selected for the job and started working September 20.
Sharp says he also learned a white man was hired at the same time directly by the defendant instead of through a temp agency.
On November 5, 2019, Sharp says a co-worker took him to a vehicle and pointed out a black action figure with muscles, his head off and one arm in the air that was zip-tied to the front of the vehicle.
“That’s you, Melvin,” the co-worker said as he pointed at and laughed at the action figure.
Sharp says he was the only Black worker and “was highly offended by the action figure and felt threatened by it, particularly since the head was missing from it and it was affixed to the grill of his truck.”
Sharp says he was afraid to report the racial harassment for fear his assignment would be terminated. But, he says he did show it to supervisors who he thought would report it or take some action.
According to the complaint, the action figure remained on the vehicle until at least mid-January 2020. The defendant said the figure had been on the truck for as long as three years, but Sharp says it wasn’t there previously.
After the 90-day period, Sharp says he wanted to become a direct employee of the HWQB. But, he says he was told he wasn’t going to be hired because four white employees had obtained their CDL.
“He was told that it would be unfair to them to hire him as a truck driver,” the complaint states. “Desiring the security of union membership, he asked to be hired as a laborer. He was told no.
“Caucasian temporary staffing agency employees were hired shortly after or even before their temporary staffing assignment period.”
Sharp says he then sought assignment with the Stormwater Utility division. There were three employees who retired. Sharp says he was told he would be hired, but he remained a temporary staffer. Then, he says his white supervisor told him he was going to hire his cousin.
Sharp also mentions a co-worker who made derogatory statements to him. That included, “I like you, Melvin, even though you’re Black.” The same co-worker also told Sharp several of his family members were members of the Ku Klux Klan and that “he believed in some of it but not all of it.”
The co-worker also asked Sharp if he believed slave masters whipped their slaves with bullwhips, but said he didn’t think they did because “they would not harm or kill their livestock.”
Sharp reported those comments to Human Resources, and that co-worker’s assignment was ended. But the co-worker’s cousin was Sharp’s supervisor. Sharp says his supervisor then began retaliating against Sharp by not giving him assignments directly, looking at him in a mean manner, treating him in a hostile manger and shutting him out.
After he reported the retaliatory acts as well as the racial discrimination and harassment, Sharp says he was not hired as promised.
In March 2020, Sharp says he was laid off and was told it was because of COVID-19. He also was told he’d be called back to work when possible. He never was called back.
Sharp says he filed a complaint with the state Human Rights Commission in January 2021. It found probable cause.
He accuses the HWQB of violating the West Virginia Human Rights Act. He says he has suffered embarrassment, humiliation and mental stress. He seeks compensatory damages for lost wages, benefits, emotional pain and suffering and mental anguish. He also seeks punitive damages, attorney fees and court costs.
Sharp is being representing by Amy C. Crossan of Bouchillon, Crossan & Colburn LC in Huntington. The case has been assigned to Circuit Judge Alfred E. Ferguson.
Huntington City Attorney Scott Damron, who also represents the HWQB, said Sharp’s complaint has not yet been served to the board.
“We are aware of the claims by Mr. Sharp,” Damron told The West Virginia Record. “We have been defending the matter before the West Virginia Human Rights Commission and will continue to do so in circuit court.”
Cabell Circuit Court case number 22-C-92