BECKLEY – Six Raleigh Circuit Clerk office employees have filed a civil lawsuit accusing the former clerk of harassment, discrimination, retaliation and violation of the Whistleblower Act.
Kyla Workman, Ashley Priddy, Gheilescia Harbison, Tara Meyer, Chad McGrady and James Paul Chapman filed their complaint May 29 in Raleigh Circuit Court against the Raleigh County Commission and R.M. “Bob” McComas.
McComas resigned February 7, according to Raleigh County Prosecuting Attorney Ben Hatfield. He was suspended from office until February 12, which is when his resignation became official.
McComas
| File photo
McComas, a Republican and former State Trooper, resigned after allegedly making racist and sexist statements. He defeated Democratic incumbent Paul Flanagan in the 2022 election and took office in January 2023.
According to the complaint, the plaintiffs were employed as clerks in the office when McComas became Circuit Clerk. The complaint says McComas subjected all of the plaintiffs to a hostile work environment created by his conduct, including sexual harassment; making harassing and offensive statements regarding gender, sexual orientation, race, national origin; and acting aggressively in confrontations with employees.
“McComas’ conduct was imposed upon plaintiffs with malicious purpose, in bad faith, and in a wanton or reckless manner,” the complaint states. “McComas’ conduct of sexual harassment, racial discrimination, gender/sexual orientation discrimination, harassment, and physical aggression was so pervasive and intolerable that plaintiffs suffered extreme emotional distress, anxiety, humiliation, and mental anguish.”
The complaint also claims McComas made disrespectful and disparaging statements about Raleigh circuit and family court judges as well as brandished a firearm in the workplace despite a court order from Circuit Judge Robert A Burnside Jr. to the contrary.
“McComas used granting permission or withdrawal of permission for scheduling accommodations for work shifts to either punish or reward employees while showing favoritism and discontentedness,” the complaint alleges. “McComas invaded the privacy of employees through Facebook stalking by bringing personal business of the Plaintiffs into the workplace.
“McComas illegally surveilled employees in areas where there is an explicit expectation of privacy. McComas communicated his prior experience as a private investigator and use of hidden equipment to surveil people.
“McComas exhibited open forms of aggression such as hitting tables, smacking counters, and used a loud voice to keep people on edge. McComas used name calling, vulgarity/expletives including but not limited to referencing his masturbatory inclinations, and drug use behaviors to embarrass and harass employees.”
It also says McComas made racially explicit jokes regarding the Ku Klux Klan and another racial joke that referenced rape to a group of employees.
According to the complaint, supervisor Angelia Price and Angie Vanover reported McComas’ conduct to Circuit Judge H.L. Kirkpatrick III in October. Workman joined Price and Vanover in another meeting that month with Kirkpatrick about McComas.
The plaintiffs say the county commission took no action against McComas until February 2024 when he was suspended and then resigned effective February 12. The plaintiffs notified the commission of the potential lawsuit the next day.
Allegations against McComas by each of the six plaintiffs are detailed in the complaint.
Workman says McComas asked her in front of co-workers if she was bringing a swimsuit to an annual conference both were attending. She also says McComas called her “baby girl” and granddaughter” because she reminded him of his granddaughter. In addition, she says McComas bought her gifts such as a pink stapler. She says he also made sexually charged comments around her.
Priddy says McComas gave her the nickname “Hollywood” because he said she was the best dressed in the office. She says once when McComas asked her to compliment his new coat because he always gave her compliments, she told him she “does not get paid to compliment him, she gets paid to work for him.”
“McComas became angry and very loudly and sternly said, ‘You are not going to compliment me?’” the complaint states. “McComas again stated that he compliments Priddy all the time and thought she would give him compliments too. Priddy responded that she does not ask for McComas’s compliments.
“McComas escalated the confrontation by loudly asking Priddy ‘Do you know who gives you raises? If you want a raise, you better compliment me.’ Priddy again stated that she did not get paid to compliment him, only to work for him.
“McComas continued the confrontation by telling Priddy that in all his years as State Trooper, he never considered addressing a supervisor in that manner. Priddy responded that she did and returned to her cubicle. Priddy was upset, physically shaking, and distraught about the confrontation.”
Priddy also says began to avoid McComas including going to the Family Court bathroom or public bathroom to avoid walking past his office door, making sure to walk behind him if he is sitting at a table so he cannot watch her walk, and would not be in a room alone with him.
In addition to the racial jokes, the plaintiffs say McComas called Black people “colored,” and referenced the two Black women in the office as, “you know, the two up there.”
Harbison, who is Black, says one of her first interactions with McComas was his telling of a story about being a State Tropper when he pulled over a “colored man” and “tuning him up” before asking her what “you all like to be called: colored or Black?” Then, he told a story about his granddaughter being criticized at school for using the term Black. He then said using the term “colored” should be fine because he was raised using the term.
Harbison also says McComas called her hormonal during her pregnancy and urged front-counter staff to ask for green cards if a “person did not appear to be American.”
McGrady claims McComas told him several times that he “did not like McGrady and that
McGrady got on his nerves.” He also says McComas reprimanded him for taking his son deer hunting and posting about the experience on Facebook. He also says McComas blamed him after he fell while receiving a delivery because McGrady wasn’t there to do it.
“McComas accused McGrady of having affairs with his co-workers,” the complaint states. “McComas accused McGrady and a co-worker of being in the bathroom together. McComas accused McGrady of flirting with all the girls in the front office.
“McComas would encourage McGrady to take time as needed to assist his family during his dad’s illness and hospitalization, but McComas would then verbally reprimand him when he returned to work or write him up for missing work.”
McGrady also says McComas aggressively and loudly reprimanded him for taking leave during his father’s hospitalization.
“McGrady got up from his seat and indicated that he would prefer not to discuss the matter further,” the complaint states. “McComas screamed at McGrady, ‘Sit down boy if you know what’s good for you, if you leave you don’t have a job, you will respect me.’ McGrady sat back down. Employees in the front office could hear McComas screaming at McGrady.”
He also says McComas called him a “useless employee” and “glorified file pusher” to co-workers, and he says McComas told others in the office he had followed McGrady in an unmarked vehicle to make sure he was going where he said he was going. He also says McComas made unwelcome remarks and jokes about race and homosexuality in front of him.
Chapman says McComas asked co-workers if he was homosexual “because he acts gay” and polled co-workers about whether Chapman was gay. He says McComas also couldn’t believe Chapman was a pastor but did ask if he “preached at one of those snake-handling churches,” even posting a similar comment on one of Chapman’s live Facebook posts.
Meyer claims McComas told her he’d “put you over my knee and give you a spanking” if he was her father and learned she vaped. She says he also says McComas told her “Us Catholics have to stick together, we are like mafia, we have to take care of each other.”
All of the plaintiffs claim McComas created a hostile work environment by complaining about work schedules, time off, attitudes and other work-related issues.
“(McComas) would threaten to fire Meyer when she would miss work due to her illness,” the complaint states. “Plaintiffs were continually in fear of losing their jobs when they had to miss work.
“McComas would give an employee permission to alter his or her schedule or take time off and then reprimand or write up the employee for taking the approved time off.”
They also say McComas often commented about keeping a gun in his office for the safety of the employees and his ability to place cameras in the office to surveil employees.
“McComas made homophobic comments about the LBGTQ+ community,” the complaint states. “McComas told Workman that he would not go to the back-office area because the employee in that office is a lesbian. He said that ‘those people’ freak him out and he does not like to be around them because they make him feel weird.
“McComas made a homophobic comment about a local attorney wearing a scarf in the Circuit Clerk’s office. He talked about the attorney in a negative way calling him ‘feminine and gay.’”
They say he called the Director of Court Services a bitch and Raleigh County Family Court Judge Suzanne McGraw a bitch and “that woman judge.”
“Plaintiffs witnessed McComas say that he cannot stand women anyway and that no woman judge was going to tell him how to run his office,” the complaint states. “McComas often commented on the estrogen levels in the office and stated that it is a hassle being around so many women.”
They say he also called Hispanic people “little brown people” and “beaners.” He also said he smoked marijuana but wouldn’t be drug-tested because “he is an elected official and his own boss.”
They say he berated employees for being late to meetings, once saying a woman who was a minute or two late for a meeting ruined his weekend, insinuating he could not have sex with his girlfriend because of it. They say he also told that woman she needed to start following directions if she wanted to keep her job. When she cried because of the reprimand, McComas allegedly told her not to cry in front of him and told her she needed to read the Bible or go to church.
When one woman put a small table beside her desk to hold shredded documents, they say McComas loudly declared it a fire hazard and that the table needed to be removed.
“McComas continued to get louder and said, ‘Don’t you know who I am?” the complaint states. “The employee stated that yes, she knew who he was. McComas then wanted her to say who he was, but she would not. He became angrier and told the employee to move the table or go home.
“The employee said she would go home. McComas commented that the employee was a typical woman because if you give them an inch, they will take a mile.
The plaintiffs say the county commission knew or should have known of the sexual harassment, racial discrimination, gender/sexual orientation discrimination, harassment and physical aggression they suffered but failed to take remedial action until February 2024.
They accuse the county commission of failing to address the reported harassment promptly, lacked adequate anti-harassment policies and neglected to train and monitor its staff effectively.
The plaintiffs say they suffered pain, humiliation, mental anguish and loss of dignity. They seek compensatory damages for emotional distress, loss of employment, wages, benefits, medical expenses and other damages.
The plaintiffs also say their identities as whistleblowers were unlawfully released by a local media outlet after Raleigh County attorney Bill Roop provided the names to LootPress in violation of county policy and state laws meant to protect such persons from reprisal.
In a press release, attorney Robert Dunlap says Delegate Brandon Steele (R-Raleigh) made misrepresentations in March in a Facebook Live post about the May primary election to replace McComas. Steele also is an attorney and owner of LootPress, an online media company.
Steele “perpetuated misrepresentations and false information via the posting … discussing the upcoming election race between one of the whistleblowers, Paul Chapman, and his wife, Brianne Steele who successfully won the election bid to replace Bob McComas,” Dunlap said in the press release about the lawsuit. “Delegate Steele referred to the plaintiff's conduct as ‘orchestrating a coup’ and referred to the allegations as ‘baseless’ prior to his wife being successfully elected to the position of Circuit Clerk.”
Brianne Steele won the Republican primary earlier this month over Chapman by a 4,777-4,208 vote margin.
The plaintiffs are being represented by Dunlap of Dunlap & Associates in Beckley. The case has been assigned to Circuit Judge Andrew Dimlich.
Raleigh Circuit Court case number 24-C-177