CHARLESTON – A transgender man says he was a victim of homophobic, sexual and racial discrimination by coworkers.
Janie “Simon” Exum filed his complaint April 13 in Kanawha Circuit Court against Michael Wanegar and Gold Touch Inc. doing business as Gold Touch Dealer Solutions. Wanegar is the owner of Gold Touch in South Charleston.
“Everyone deserves to be safe at the workplace,” attorney Michael Cary told The West Virginia Record. “My client’s life was threatened, and seemingly nothing was done about it. The company should just step up and do the right thing.”
Michael Cary
| Courtesy photo
According to the complaint, the plaintiff disclosed private and confidential information to Wanegar regarding his gender identity during the initial job interview and asked Wanegar to keep the information confidential.
Immediately after the interview, Exum says Wanegar shared the information with all of his staff members. Because of this “total disregard for the plaintiff’s rights,” Exum says he began experiencing repeated homophobic, sexual and racial discrimination by two coworkers.
On February 1, Exum says he made his first official complaint of discrimination and harassment. Ebony Mason, a temporary office assistant, was made aware of the harassment and acted properly to report it, the complaint states.
The next day, Exum says Wanegar reached out to him regarding what disciplinary action he should take, saying he would leave it up to Exum. The plaintiff said he would discuss the situation with his wife. That evening, Exum texted Wanegar and told him he thought Wanegar should terminate the employee because of the continued threats. Wanegar told Exum to come to work the next morning to write an incident report.
Exum says Wanegar allowed the harassment to continue for nine days without reprimand or disciplinary action, and he says Wanegar participated in and contributed to the abuse.
The plaintiff says the coworker and Wanegar harassed, ridiculed and discriminated against him by referring to him as a “fag” and a “drama queen” and making comments such as “People like you get raped and left in a ditch,” “He can’t help it ’cause he’s gay,” “You don’t belong here” and “You can’t be a girl all your life.”
On February 11, Wanegar met Exum to call the coworker in front of Exum to fire him. During the meeting, Exum says Wanegar asked he and his wife, “Why did you move here of all places?”
After the employee was fired, Exum says Wanegar continued to ridicule and harass him. On February 21, Exum says he tested positive for COVID-19 and influenza, but Wanegar forced him to work while suffering.
After facing repeated harassment and discrimination, Exum says he resigned from his position.
Exum accuses the defendants of discrimination in violation of the West Virginia Human Rights Act, negligence and negligent hiring, supervision and retention.
The plaintiff says he has suffered permanent psychological injuries including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and other damages. He seeks economic and non-economic compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Exum is being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-325