CHARLESTON — The West Virginia Military Authority and Mountaineer Challenge Academy want a lawsuit against them dismissed, claiming they did not violate the West Virginia Human Rights Act.
"Plaintiff is free to split hairs about relevant case law, however, the fact remains that she has not plead her claims in a manner sufficient to withstand dismissal," the memo states.
The defendants argue Jordonne Bostic failed to even properly allege a complaint under the West Virginia Human Rights Act, let alone prove that one occurred.
"Respectfully, sexual orientation is not a protected class under the WVHRA," the memo states. "As such, any alleged insults on the basis of Plaintiff's sexual orientation are not actionable in this case. Also, Plaintiff has not alleged any facts to indicate that being a female was the basis for the decision to terminate her employment."
The defendants want the case to be dismissed. They are represented by Christopher C. Ross and Omar D. Ahmad of Pullin, Fowler, Flanagan, Brown & Poe in Charleston.
In her complaint, Bostic alleges that she was hired on Sept. 28, 2020, as an MCA squad leader and was promoted to commandant assistant on Oct. 29, 2020, according to the suit.
Bostic claims on Jan. 18, 2021, she drafted a memorandum for record and documented comments made by three individuals that she found offensive. She claims she even discussed the matter with one of these individuals, who insisted veterans with PTSD were crazy. She then gave the memo to Belinda Sharp, the defendant's HR specialist and EEO officer.
On several occasions after that, the plaintiff emailed Sharp with other issues with the individuals, according to the suit.
Bostic claims on July 6, 2021, the defendant terminated her employment without cause.
She claims the defendants discriminated against her based on her gender, because she is a lesbian and because she suffers from PTSD.
Bostic is seeking compensatory damages. She is represented by Ambria Brotton of Klie Law Offices in Buckhannon.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-448