CHARLESTON — Cross Lanes Gaming & Entertainment denies allegations of discrimination by a former employee.
Cross Lanes Gaming argues that the plaintiff bears the burden of proof regarding some or all of its defenses.
"For the purposes of preserving a defense, Plaintiff has failed to state a claim upon which relief can be granted," the answer states. "At all times relevant hereto, Defendant made a good faith effort to comply with all state laws."
Cross Lanes Gaming argues that the plaintiff’s claims are barred because the defendant complied in all respects with its obligations under West Virginia law.
The defendant contends that the plaintiff’s claims are also barred because the plaintiff will not be able to establish a prima facie case of a violation of the West Virginia Human Rights Act or any common law cause of action.
The defendant is represented by Marla N. Presley and Laura C. Bunting of Jackson Lewis in Pittsburgh, Pa.
James Lucas initially filed the lawsuit in Kanawha Circuit Court and it was removed to U.S. District Court for the Southern District of West Virginia.
Lucas claims he was hired in February 2022 as a floor person for the Cross Lanes hotel and casino and when he started his employment, he informed the defendant he had high blood pressure and frequently stated that he needed to obtain health insurance to help with care and medications.
On Aug. 27, 2022, the defendant alleged that Lucas made a threatening remark in the workplace and placed him on suspension, and while he was serving his suspension, he was required to seek hospital care and learned he suffered from a series of micro strokes, according to the suit.
Lucas claims he received medications to treat his extremely high blood pressure while he was in the hospital.
On Aug. 31, 2022, Lucas sent an email to his supervisor about the hospitalization and his medications, and the following day his supervisor told him he would let him know when he heard something, according to the suit.
Lucas claims he denied the defendant's allegation used to suspend him and on Sept. 8, 2022, Lucas' employment was terminated and he was unable to find suitable gainful employment.
Lucas claims the defendants discriminated against him.
Lucas is seeking compensatory and punitive damages. He is represented by Hoyt Glazer, Abraham J. Saad and Eric B. Anderson of Glazer Saad Anderson of Huntington.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00519