CHARLESTON – A state government employee says she was subjected to repeated acts of sexual harassment by a male janitorial employee at the State Capitol Complex.
Kerrie S. Hudson filed her complaint August 20 in Kanawha Circuit Court against Workforce West Virginia, which is an agency of the West Virginia Department of Commerce, and Goodwill Industries of Kanawha Valley Inc.
Hudson works for Workforce West Virginia, and Goodwill provides staff to perform janitorial work at the State Capitol Complex as part of its vocational rehabilitation program for individuals with disabilities. One such employee was John Gentry.
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“This case is a clear example of how systemic issues within a workplace allows sexual harassment to go unchecked,” attorney Todd Bailess, one of the attorneys representing Hudson, told The West Virginia Record. “Sexual harassment has no place at our state Capitol.”
In the complaint, Hudson says the defendants engaged in a pattern of violating state law by failing to provide a safe workplace free of sexual harassment. Hudson says she was subjected to unwanted and aggressive touching, including groping of her breast, as well as stalking and other aggressive behavior by a male employee provided by Goodwill.
Hudson also says Gentry has a known history of physically violent behavior, so she says the defendants knew or should have known of potential problems. She says she first saw Gentry’s unusual and aggressive behavior when he threw a trash can at her after he had emptied it.
She says Gentry’s aggression toward her escalated from there.
In October 2022, Hudson says Gentry invaded her personal space and inappropriately touched her when he leaned his body against her backside while she was sitting at her workstation. She told Gentry to get off of her, but he continued to press against her. Hudson says she continued to tell Gentry to stop, but he became agitated and struck her in the shoulder/collar bone area.
Hudson says she promptly reported the incident to supervisor Cathy Corley and Workforce Assistant Director Michael Idleman, but she says they took no action. They told her to place her trash can outside of her workstation to avoid Gentry.
“For approximately six months, plaintiff was forced to listen for the wheels on the large trash can Mr. Gentry pushed as he picked up the trash on her floor, so she could attempt to avoid him,” the complaint states. “Plaintiff further relied on her co-workers to warn her when Mr. Gentry was nearby. She would then vacate her workstation and hide behind other cubicles until Mr. Gentry was far enough away that she could return to her job duties.”
Still, Hudson says Gentry sexually harassed her again.
On April 21, 2023, Hudson was waiting with a female co-worker at the elevator. When it opened, Gentry exited the elevator and walked past Gentry and her co-worker. When the women hurried to get on the elevator, Hudson says Gentry turned around and violently shoved her co-worker. She says she tried to close the elevator, but Gentry intentionally blocked the threshold.
“Mr. Gentry then grabbed plaintiff’s co-worker by her arm and shoved her with such force that it caused the co-worker and plaintiff to hit against the wall inside the elevator,” the complaint states. “Plaintiff’s left knee was injured as a result of Mr. Gentry’s shove.
“After the shove, Mr. Gentry reached over plaintiff’s co-worker to forcefully grope plaintiff’s right breast. Plaintiff then screamed for Mr. Gentry to stop touching her. Once Mr. Gentry finally stopped groping plaintiff, he started to laugh and exited the elevator.”
Hudson says she and her co-worker immediately reported the incident to Idleman, who told her to email Human Resources Director Carrie Sizemore about it. She did that, and she also reported the incident to Comer and co-worker Chris Holstein. She and her co-worker also eventually talked to HR Secretary Lisa Adkins, Acting Workforce Commissioner Scott Adkins, his secretary Regina Brogan and Capitol Police Officer John Workman.
During a meeting with Workman, Lisa Adkins and Cogar, Hudson says Cogar said Gentry had a history of physically violent behavior. Adkins said she also had witnessed Gentry act violently toward others.
Workman said Gentry could not be arrested because of his “mental status,” but he instructed Gentry to be moved to another building at the complex.
When Hudson and her co-worker were called for another meeting by Brogan, she says she saw Gentry lurking near the back door of the building. When he stared at her, Hudson says she became frightened and immediately turned around to get back on the elevator.
She accuses the defendants of sexual harassment and a hostile work environment.
Hudson says she suffered loss of dignity, embarrassment, humiliation, aggravation and emotional distress. She seeks compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
She is being represented by Bailess, Jodi R. Durham and Cory B. Lowe of Bailess Law Firm in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-885