PARKERSBURG – Two women have filed lawsuits against a company owned by a NASCAR team owner saying they were sexually harassed as minors while working at its Taco Bell in Parkersburg.
Kelsey Wilson and Madison Jones filed their complaints last month in Wood Circuit Court against Charter Foods Inc. and Charter Central LLC, which are owned by Bob Jenkins. Store general manager Amber Hall and Bo R. Gehling, a known sex offender, are named as defendants in both lawsuits as well, and Steven France is named as a defendant in Jones’ complaint. The complaint Wilson filed was an amended version, having originally been filed in 2022.
Jenkins owns the Front Row Motorsports, which fields teams in both the NASCAR Cup Series and Craftsman Truck Series. Jenkins also owns about 150 Yum! Brands franchises, including Taco Bell, Long John Silver’s and A&W locations.
Bailess
| Courtesy photo
“The core of these lawsuits comes down to not having an effective safety system to protect employees, especially minors, from sexual harassment,” attorney Todd Bailess of Bailess Law Firm said. “Rehiring a known sex offender the day after he was released from prison and allowing him to supervise minors is reckless, jeopardizing the safety of Taco Bell’s employees and customers.”
According to the complaints, both women worked at Charter Foods’ Taco Bell location in Gihon Village in Parkersburg. They claim the defendants fostered a toxic work culture by permitting Gehling to sexually harass teenage employees he supervised.
They also claim Charter Foods did not conduct background checks, which would have shown Gehling, who was convicted in 2011 for third-degree sexual assault of two females between the ages of 13 and 17. He was sentenced to prison and 30 years of supervised probation. He also was required to register as sex offender for life.
Gehling’s first stint with Charter Foods actually ended because he was incarcerated. In July 2020, Gehling violated his supervised probation and was ordered back to prison, and he was released July 22, 2021. The next day, he was rehired by Charter Foods.
Jones worked at the location starting in July 2020 when she was 17 years old. In March 2022, she says Gehling sexually harassed her at the store when he whispered a comment to her about her butt. Jones says she reported the comment to co-workers, who told Hall and Assistant General Manager Rhonda Smearman.
“Plaintiff overheard defendant Hall and Ms. Smearman yelling at defendant Gehling in the office,” Jones’ complaint states. “Hall and Ms. Smearman then permitted defendant Gehling to exit the office and continue working his shift with plaintiff.”
She says Gehling approached her and made comments like “you think you’re just messing around” and “you think some people are your friends, but I guess not.” Jones says she felt targeted and intimated by Gehling, and no further action was taken against him.
When she completed a work survey in June 2022, Jones noted Gehling had made sexually inappropriate comments about her body. She says no one spoke to her about the survey, but Gehling was fired June 16, 2022, for sexually harassing multiple female employees.
Wilson worked at the location starting in June 2021 when she was 17 years old as well. In September 2021, Wilson says Gehling told a male co-worker he was “c*ck blocking plaintiff from him” and referred to Wilson as a “big booty b*tch.”
Wilson says she told a manager she didn’t feel comfortable working with Gehling, but no action was taken. She says she also told Hall of Gehling’s comments and his status as a sex offender. Hall told Wilson she knew of his status but failed to take corrective action to protect Wilson.
After that, Wilson says Gehling’s conduct intensified. She says he wrongfully alluded to them having sex, which embarrassed her. She says he also touched her, invaded her personal space, leered at her and brushed himself up against her backside.
Wilson alerted Hall of Gehling’s conduct again in October 2021, but she says nothing was done again. On November 19, 2021, Wilson says she constructively discharged herself because of the sexually hostile work environment.
“I was constantly humiliated by my superior and felt uncomfortable working with him at the Taco Bell restaurant,” Wilson said. “After making numerous reports and not seeing any changes, I realized Charter Foods did not care about what was happening at the restaurant or to me.
“They simply turned a blind eye to the dangerous situation I was put in.”
Jones made similar claims, also noting Charter Foods’ zero-tolerance sexual harassment policy.
The women say the suffered loss of dignity, loss of enjoyment of life, mental anguish, embarrassment, humiliation, aggravation and emotional distress.
They accuse the defendants of sexual harassment, creating a hostile work environment, . They also accuse Hall – and France in Jones’ complaint – of aiding and abetting. Wilson also accuses the defendants of constructive discharge and common law wrongful discharge.
The women seek compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Wilson and Jones are being represented by Bailess, Jodi Durham and Cory Lowe of Bailess Law Firm in Charleston and by Bill Merriman of Parkersburg.
Jenkins’ Front Row Motorsports teams have won a total of 12 NASCAR races – four in the Cup Series and eight in the truck series. It also won the 2022 truck series championship with driver Zane Smith.
Wood Circuit Court case numbers 22-C-236 (Wilson) and 24-C-68 (Jones)