CHARLESTON – A Dunbar man accuses a South Charleston business and a supervisor of racial and age discrimination.
Carl Edward “CJ” Terrell Jr. filed his complaint February 9 in Kanawha Circuit Court against Covestro LLC and Chris Sizemore, who is a production manager for the company.
“I’m honored to represent a well-respected member of the local community like Mr. Terrell in this civil action, who in addition to his career in the chemical industry has been a long-time local football and basketball official and have the chance under our legal system to protect his rights in employment,” attorney John Einreinhofer told The West Virginia Record.
According to the complaint, Terrell began working as a chemical operator at Covestro in April 2022. Terrell, who is Black, says he had education, experience and training in the chemical industry. He was born in 1975, so he was over the age of 40 when he worked for the company. Sizemore was a supervisor.
“Defendants failed to provide plaintiff with training which was as good as that provided white employees,” the complaint states. “The defendants … also tolerated racial and age discrimination perpetrated against the plaintiff.”
Terrell says Sizemore has a history of discriminating against Black employees and other employees who are members of protected classes under the West Virginia Human Rights Act. He says Sizemore did not have any Black chemical operators working for him at the time of Terrell’s termination.
Sizemore did not speak to Terrell when he was first hired, according to the complaint. When he did, he told Terrell, “You are not going to make it.”
He says the reason provided for his termination in August 2022 was that he wasn’t learning the job fast enough, but Terrell says the real reason was because of his race and age.
“Conduct of the defendants against the plaintiff Terrell while he still was employed at Covestro created an offensive, intimidating and hostile work environment, interfering with the plaintiff’s work performance and causing him severe mental anguish and emotional distress,” the complaint states, adding Terrell was replaced by younger white employees.
Terrell also says Workforce West Virginia determined he was not disqualified from receiving full unemployment benefits because he didn’t commit any misconduct or deliberately violate employer policy. That, he says, means Covestro failed to follow its own personnel and disciplinary policies.
He accuses the defendants of racial discrimination, age discrimination and wrongful termination, all being violations of West Virginia common law and of the state Human Rights Act.
Terrell says he has suffered lost wages and benefits, emotional distress, humiliation, mental anguish and other damages.
He seeks general damages including back pay, front pay and lost benefits as well as compensatory damages, punitive damages, attorney fees, court costs and other relief.
Terrell is being represented by Einreinhofer of the Law Offices of John Einreinhofer in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 23-C-114