BECKLEY – A civil lawsuit accusing a former Raleigh County official of harassment, discrimination and retaliation has been dismissed.
The plaintiffs in the case – six employees of the Raleigh Circuit Clerk’s office – moved to dismiss the case March 17 against Bob McComas.
The attorney representing the employees said the decision to dismiss came after “significant developments that have addressed many of the core concerns raised in the litigation.”
McComas
| File photo
McComas resigned last February, and the Raleigh County Commission has publicly committed to partnering with two HR firms — Aspire, led by Tracy Culicerto, and Compliance Inc., directed by Tiffany Knapp and Noah Knapp — to ensure improved adherence to workplace policies moving forward.”
“The fact that Mr. McComas has resigned in light of the egregious allegations detailed in the complaint, coupled with the county commission’s decision to strengthen HR oversight, demonstrates real progress,” attorney Robert Dunlap told The West Virginia Record. “The plaintiffs pursued this case not for personal gain but to protect all Raleigh County employees from discrimination and workplace hostility. …
“The plaintiffs who came forward, including whistleblowers from the Raleigh County Clerk’s Office, showed tremendous courage in speaking out despite significant personal and professional risks. They should be recognized as heroes for their efforts to ensure a fair and safe work environment for all county employees.”
Dunlap said the last 12 months have been “incredibly difficult for the plaintiffs.”
“The decision to dismiss this case is evidence that the plaintiffs were never in this for personal gain, but rather for the betterment of the workplace and the protection of county employees,” he said.
In the original complaint, the plaintiffs said McComas violated the Whistleblower Act.
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.
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.
Raleigh Circuit Court case number 24-C-177