CHARLESTON – A transgender woman says they were the victim of discrimination and wrongful termination while working for The Chemours Company.
John “Jada” Page originally filed their complaint in Kanawha Circuit Court, but Chemours had it removed to federal court.
According to the complaint, Page was hired by Chemours at its plant in Belle on July 1, 2012 as a general operator 1.
Erika Klie Kolenich
| klielaw.com
On January 25, 2021, Page says they contacted Chemours nurse Paula Jameson to discuss and seek help regarding severe emotional distress associated with coming out regarding their sexuality and gender identity. Jameson referred Page to the company’s Employee Assistance program. The complaint says those who seek help through the program will not have the use of the program used against them.
Page says they asked co-worker Blake Miller to cover for them while they made the phone call to Jameson. Miller agreed, and Page went to a quiet place to talk to Jameson. Page went to a vehicle to talk.
While in the vehicle, Page was approached by immediate supervisor Tobey McLean, who knocked on the window. Page says they were visibly upset, and the person on the other end of the phone told McLean she was with Comp Psych and working with Page on a difficult situation. McLean told Page to continue the conversation.
During the call, Page says an aeration tank began to foam over while under Miller’s watch. Page was going to go help correct the issue, but they were told to go see Jameson, who told Page to go home for the day.
That evening, Page says Jameson visited them at home where Page told Jameson the reason for the breakdown. Page also showed Jameson a picture of themselves dressed as a woman with makeup and a wig. Page told Jameson, “I think I’m going to start coming to work dressed like this.” Jameson replied, “I don’t think they are ready for that.”
The next day, Chemours contacted Page about the waste tank foam incident and asked for a drug test. Page complied and provided a urine sample. That evening, Page received a text message from the drug testing facility about test results for John Pacone. Page did not access the results, believing they belonged to someone else.
On February 3, 2021, Chemours called Page to say they failed the drug test and was being fired. Page says Chemours did not provide a copy of the alleged positive drug test results.
Page says co-workers knew Page was homosexual, pierced their ears, shaved their legs, painted their toenails and wore traditionally feminine clothing at times. Page also says Miller was not reprimanded, disciplined or discharged following the tank foam over incident, and Page says Miller was not drug tested either. Also, the complaint says the tank has foamed over four or five times in the last three years, but no other individuals on duty at those times were tested for drugs, reprimanded, disciplined or discharged.
Page accuses Chemours of gender identity/sexuality discrimination, creating a hostile work environment and wrongful termination. Page says co-workers made severe and pervasive offensive comments, statements and suggestions about or directed to them about their sexuality and gender identification.
They says the termination has resulted in a loss of back pay, front pay, lost wages, lost benefits, loss of future earnings, future loss of earnings, future loss of benefits, financial hardship, emotional distress, anxiety and embarrassment.
In their answer, the defendants seek to have the case dismissed.
Page seeks compensatory damages, punitive damages, interests, court costs, attorney fees and other relief. They are being represented by Erika Klie Kolenich of Klie Law Offices in Buckhannon. The defendants are being represented by Eric W. Iskra and Chelsea E. Thompson of Spilman Thomas & Battle in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:22-cv-186 (Kanawha Circuit Court case number 22-C-190)
