CHARLESTON – A former employee is accusing the West Virginia Department of Transportation of sexual harassment, discrimination and constructive discharge.
Crystal Baldwin filed her complaint December 26 in Kanawha Circuit Court against the DOT, the Division of Highways and James White, a supervisor and crew leader.
According to the complaint, Baldwin began working for DOT in November 2019. She says she performed her duties in a satisfactory manner and had previous experience working with heavy equipment in other jobs.
While with the DOT and DOH, Baldwin says the defendants, including White, “made it abundantly clear to her that the male employees with whom Ms. Baldwin worked did not want her working with them.”
She says she routinely was confronted with gender discrimination, alleging she was relegated to perform more traditional female roles on her work crew.
“Baldwin was permitted to get tools out of vehicles and clean up after the male employees,” the complaint states.
She lists specific examples as well, such as male coworkers neglecting to tell her she needed to obtain a state identification card along with a commercial driver’s license. She also says was not permitted to use equipment such as chainsaws or drive vehicles.
Baldwin also calls out White for numerous incidents, such as repeatedly saying “women can’t drive” or “I’m not riding with no woman.” She also mentions openly sexually suggestive, harassing, demeaning and discriminating comments made about her
She claims White also had sexually suggestive comments to her, such as “Oh, my girlfriend’s not going to like you riding around with me (during work).” She says coworkers later told her White was incorrectly telling others he was having a sexual relationship with Baldwin.
Baldwin also alleges White taunted her and discouraged her from applying for positions and certifications that would pay more, even lying to her about the salary she would have received if she obtained a certain certification.
Baldwin says she eventually reported White to then-bridge department superintendent Adrian Lusk, but she claims the sexual harassment and gender discrimination persisted. She says she filed a grievance August 1, 2021.
Then, Baldwin claims she was retaliated against when she was transferred from new construction to maintenance. And even though she no longer worked directly under White, Baldwin says he still sexually harassed and retaliated against her.
In January 2022, Baldwin was reassigned to work under White. She protested, but she says White worked to turn coworkers against her, including new bridge superintendent Gary Samples, who she says was a friend of White.
As sexual and gender harassment continued, Baldwin says she had no choice but to quit her job April 8, 2022.
Baldwin alleges she suffered loss of dignity, embarrassment, humiliation, aggravation and emotional distress in addition to lost wages and benefits.
She accuses the defendants of a hostile work environment, sexual harassment, retaliation, gender discrimination and constructive discharge, all violations of the West Virginia Human Rights Act.
Baldwin seeks compensatory damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
She is being represented by Rod Smith and Alex Urban of Rod Smith Law in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Smith declined to comment on the case.
Kanawha Circuit Court case number 23-C-1117