MORGANTOWN – A woman who works for the City of Morgantown says city leaders failed to enforce its zero-tolerance sexual harassment policy.
Sarahlin Duley filed her complaint January 30 in Monongalia Circuit Court against the city, Daniel Fluharty, David Shrout and Joseph Damien Davis. Fluharty was the deputy director of Engineering and Public Works for the city, and Duley was an engineering technician in the department.
“This lawsuit is about public trust and accountability,” attorney Todd Bailess said. “Sexual harassment is not just morally wrong — it’s illegal. Employers, especially government entities, must take allegations of sexual harassment seriously and adhere to policies to protect their employees.
Bailess
| File photo
“The City of Morgantown failed in that duty, and we hope this lawsuit serves as a wake-up call to prioritize the safety of all city workers.”
According to the complaint, Duley began working for the city in 2021. In 2022, the city hired Fluharty as deputy director of the department, and he reported to Davis, who is the department director. She shared an office space with Fluharty, Shrout and Erin Fullmer at the city’s airport away from city hall.
Duley says Fluharty violated the city’s sexual harassment policy in his first week on the job and continued to do so until he was placed on administrative leave in April 2023.
“During defendant Fluharty’s fist week of employment with the city, he referred to plaintiff and Ms. Fullmer as his ‘work wives,’” the complaint states. “He made sexist remarks to plaintiff implying that women should cook and clean. He ordered plaintiff to bring him coffee in the mornings and make his sandwiches for lunch.
“Defendant Fluharty intentionally left messes on his desk and ordered plaintiff to clean it up because she is a woman.”
Duley says Fluharty also constantly talked about his sex life.
“He also told plaintiff that he ‘liked them young’ while she was alone in the office,” the complaint states. “Defendant Fluharty also commented on Ms. Fullmer’s nipples and breasts while in plaintiff’s presence. He readily made comments when he believed that Ms. Fullmer was not wearing a bra.”
She says he also referred to Davis as “Daddy Damien” and “Sugar Daddy.”
Duley says Fluharty’s inappropriate conduct escalated.
“He repeatedly touched plaintiff and Ms. Fullmer without their consent,” the complaint states. “Defendant Fluharty rubbed plaintiff’s arms and pressed himself up against plaintiff’s butt and breast when she walked by him. Defendant Fluharty also placed is hand on plaintiff’s leg.
“Defendant Fluharty stalked plaintiff by lingering at her workstation, creepily staring at her and invading her personal space.”
Duley calls Fluharty’s actions severe and pervasive, and she says it interfered with her working conditions and caused her fear, sadness, anxiety, emotional distress, sleeplessness, discouragement, loss of self-worth, humiliation, anger, loss of dignity, embarrassment, loss of self-esteem, betrayal and loss of trust.
She says Shrout witnessed Fluharty’s conduct but didn’t take any action against him. She also says Assistant City Manager Emily Muzzarelli also witnessed Fluharty engage in unwanted touching at a meeting where he touched Fullmer, who she says was visibly uncomfortable with it.
Muzzarelli talked to Fullmer, according to the complaint, and was told about other instances of sexual harassment. Muzzarelli sent an email to Fluharty about it, but it “did nothing to curtail the sexual harassment.”
“Defendant Fluharty made light of the email while showing it to plaintiff and Ms. Fullmer,” the complaint states. “Emboldened by the slap on the wrist he had received from Ms. Muzzarelli, defendant Fluharty amplified the already sexual hostile work environment.
“Defendant Fluharty displayed a nude photo on his phone for plaintiff and Ms. Fullmer to see. He told them the photo was of his wife. Plaintiff was disgusted that defendant Fluharty showed her the nude photo.”
Fluharty later told Duley and Fullmer that Davis had met with him about the nude photo and appeared angry that someone had turned him into Davis, but Duley says she and Fullmer had not talked to Davis about it yet. Still, she says Davis did not take any meaningful corrective action.
On March 30, 2023, Duley says she and Fullmer told Davis they were going to talk to human resources about Fluharty. That same day, Duley and Fullmer met with Davis, Muzzarelli and John Binum of human resources. On April 3, 2023, Fluharty was told he was being placed on administrative leave. He was fired April 17, 2023.
“What I experienced was degrading, humiliating and preventable," Duley said in a statement provided by her attorneys. “I chose to work for the city to give back to the community in which I was raised, and (I) am advocating not just for myself but for anyone who has been violated in the workplace.”
Duley accuses the city and Fluharty of sex-based harassment and creating and allowing a hostile work environment, both violations of the West Virginia Human Rights Act. She accuses Shrout and Davis of aiding and abetting.
She says she suffered loss of dignity, embarrassment, humiliation, inconvenience and emotional distress. She says the actions of the defendants were willful, wanton and taken with reckless disregard and/or indifference to her rights.
Duley 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 and by Samuel D. Madia and Jonathan Wesley Prince of Madia Law in Morgantown.
Monongalia Circuit Court case number 25-C-50