HUNTINGTON – An Ohio woman says she has been the victim of a “good ol’ boy” system at C.J. Hughes Construction Co. that created a hostile work environment and favors men over women, calling it “blatant disparate treatment.”
MacKenzie Morley filed her original complaint in September against Energy Services of America Corp. and C.J. Hughes Construction Co. Inc. in federal court in Huntington. An amended complaint was filed December 12. She says C.J. Hughes and ESOA are related companies with leadership that overlaps considerably.
According to the amended complaint, Morley was hired as director of marketing and business development by C.J. Hughes at the start of 2020. She says she has performed her job duties and has handled more responsibilities.
She says Charles “Chuck” Austin, who is president of C.J. Hughes, has repeatedly told her she is a “distraction” in the workplace. She says Austin is not an advocate of women in positions of power at the company.
“Austin recognized plaintiff has value for the company but has repeatedly stated that he has no intention to promote plaintiff because she is a woman,” the complaint states. “He directly stated such to plaintiff and told her that his successor could promote plaintiff. …
“(He) created an atmosphere in the workplace to manifest his position that plaintiff served as a distraction to others at the workplace. … Austin repeatedly accused plaintiff of ‘sleeping with’ numerous men (a clear false accusation) and threatened her with termination if she were to have an inappropriate relationship (i.e., sexual) with any employees or customers.”
Morley also says the company hired a man as a business development specialist to perform customer outreach and other duties. He reported o Morley, but he is paid at least $34,000 more than her, according to the complaint.
She says a female employee at another ESOA reported sexual harassment to her supervisors earlier this year. That woman accused ESOA COO Neil Riddle sexually harassed her.
When questioned during the investigation into the claims against Riddle, Morley says she provided detailed text messages from him that she had not presented previously despite having reason to do so. She did this in the presence of Austin, she says.
“Austin made comments in front of the plaintiff and defendant’s company officers that referenced her cooperation above including ‘… that’s why you never hire a woman,’” the complaint states. “Austin also told other executives/officers at defendant C.J. Hughes that the problem with Ms. Morley is ‘what’s between her legs.’”
Shortly after Riddle was relieved of his duties with a “substantial severance,” Morley says Austin demoted her during a Zoom meeting/leadership call. She says he removed responsibilities from her, including supervision of the male hire.
“She will report to Ralph Long for the rest of my tenure,” Austin said, according to the complaint.
Morley’s complaint lists other comments Austin made to her during her employment. They include:
* “I wish you were 4’3 and 250 pounds so that you’re not a distraction.”
* “You are a distraction, and I will not let you get in the way of productivity because of your looks.”
* “As long as I am president at C.J. Hughes, I will never promote you. My successor can do that. I do not want to deal with the fallout that will take place when you are promoted.”
* “You need to prove yourself to be able to sit at the table with the big boys.”
* “You have my leadership team and customers by the balls, and there is nothing I can do about it.”
* “If you ever use any of this against me, I will move your house.”
Morley says she sought medical treatment and needed medication to deal with the conduct and workplace environment.
She also says a company investigation into Austin’s conduct found “no legal wrongdoing,” but she no longer would report directly to Austin. She says she also met with the ESOA CEO Doug Reynolds, who indicated he would transfer her to work with ESOA and give her a raise, but she says that never happened.
“Defendants refused to acknowledge its perpetuation of discrimination and hoped that by demanding Ms. Morley to continue with her work as if nothing were inappropriate that it would silence her opposition to its unlawful employment practices,” the complaint states. “Defendants’ reckless refusal to provide an effective remedy for its discrimination against Ms. Morley has caused her economic and emotional harm for which she seeks vindication and remedy.”
Morley accuses the defendants of creating a hostile work environment based on gender, retaliation for reporting improper/illegal workplace activity – both violations of the West Virginia Human Rights Act – and negligent infliction of emotional distress. She also files a tort of outrage.
She seeks compensatory damages for lost wages, front pay and back pay, lost compensation, fringe benefits and out-of-pocket costs and expenses. She also seeks damages for annoyance, inconvenience, embarrassment, humiliation and distress. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
In its answer, C.J. Hughes denies the allegations and seeks to have the case dismissed. Reynolds, ESOA’s CEO, declined further comment on the matter.
Morley is being represented by Hoyt Glazer and Abraham J. Saad of Glazer Saad Anderson LC in Huntington. The defendants are being represented by Benjamin J. Wilson and Jill E. Hall of Jackson Kelly in Charleston. The case has been assigned to U.S. District Judge Chuck Chambers.
U.S. District Court for the Southern District of West Virginia case number 3:22-cv-00375
