HUNTINGTON – A former Taco Bell employee says he was retaliated against after complaining about sexual harassment directed toward a minor who also worked at the restaurant.
Virgil L. Conn filed his complaint in Cabell Circuit Court against Charter Foods Inc. dba Taco Bell, Michael Bunch, Michael Morgan and Michael Pruitt.
According to the complaint, Conn began working at a Huntington Taco Bell location in June 2021. In late August, he says he was working a shift with, among others, Bunch and Pruitt, who both were shift leaders. A 16-year-old girl also was working the shift.
“Why do lesbians use dildos when it is shaped like a p---s, and they don’t like p---nes?” Bunch asked over the headset so others could hear the comment, including the 16-year-old girl.
Conn says he was shocked and offended by the sexually harassing comment and that it was made in front of a female minor. He told Bunch, who he says is in his mid-20s, that it was inappropriate. He says supervisor Pruitt did nothing to correct, counsel or discipline Bunch.
Conn says Bunch then became hostile toward him and sent him home early from his shift. Morgan, a sales manager, later said he supported the decision to send Conn home early.
“Morgan then further retaliated against Mr. Conn by changing his work schedule, or permitting it to be changed, from day shift to night shift,” the complaint states. “The defendants changed Mr. Conn’s schedule knowing Mr. Conn was dependent on public transportation and that public transportation was limited during the night.”
Conn says it all resulted in him being forced to leave his job in early September 2021.
He accuses the defendants of creating a hostile work environment with sexual harassment, retaliation and constructive discharge, all violations of the West Virginia Human Rights Act.
Conn says he has suffered past and future lost wages and benefits as well as damages for loss of dignity, embarrassment, humiliation, aggravation and emotional distress.
He seeks compensatory damages, punitive damages, pre- and post-judgment interest, attorney fees, court costs and other relief.
Conn is being represented by Rodney Smith and Alex Urban of Rod Smith Law in Charleston. The case has been assigned to Circuit Judge Gregory Howard.
Cabell Circuit Court case number 22-C-106
