CHARLESTON — A Kanawha County man is suing U.S. Methanol claiming he was discriminated against during the COVID-19 pandemic.
Erik Bailey was employed by the defendant from July 8, 2019, until July 22, 2020, as a senior electrical technician and was assigned to its Institute plant where he was tasked with inspecting, maintaining and repairing equipment and electrical components, according to a complaint filed in Kanawha Circuit Court.
Bailey claims he consistently performed his job duties in a satisfactory manner. He claims on April 22, 2020, in response to the COVID-19 pandemic, the defendant instituted a furlough of all employees in Bailey's plant.
On June 24, 2020, Angi Hyre from the defendant's Human Resources Department notified Bailey by email that the defendant wanted to bring him back to work on June 29, 2020, according to the suit.
Bailey claims he responded that he was concerned about returning because of his underlying respiratory conditions, and Hyre responded that the defendant was adhering to all state and CDC guidelines. He notified her on June 27, 2020, that he did not believe it was safe for him to return without reasonable accommodations.
On June 30, 2020, Hyre noted that the defendant would be willing to enter into an interactive process to consider possible accommodations, but that he needed to present medical documents before July 8, 2020, according to the suit,
Bailey claims he began working with the defendants on accommodations and provided the requested medical documents, however, on July 10, 2020, Bailey's supervisor informed him the defendant was terminating his employment and on July 22, 2020, he received his termination letter.
The plaintiff filed a complaint with the West Virginia Human Rights Commission and on Jan. 10, 2020, he was notified he had 90 days to sue the defendant for the discrimination.
Bailey is seeking compensatory damages. He is represented by Kurt E. Entsminger and Michael P. Addair of Addair Entsminger in Charleston.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 23-C-68