December 26, 2010
Gay miner sues Massey subsidiary, alleging widespread harassment
Page 2 of 2
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The alleged harassment continued at Spartan's No. 130 Mine, where Hall began working in June 2007, according to the suit. Mark Delung, a chief electrician, used homophobic slurs and wrote them on Hall's dinner bucket and then mine's power center, Hall alleges. When he complained, and management told Delung to stop, the harassment escalated, including vandalism of Hall's car, where co-workers attached a sign that read, "I like little boys," according to the suit.

When Hall went to work at No. 2 Gas Mine, he was again submitted to abuse, according to the suit. Co-workers allegedly shook their penises at Hall underground, and when they were told to stop or be fired, the situation escalated, with slurs being written on his locker.

For three months in early 2009, Hall worked at No. 5 Block Mine, where the superintendent knew him from the Winifrede mine and would laugh at the abuse directed at Hall, the suit maintains. Hall became worried when the slurs escalated to violent threats, including "I would like to see all [expletive] die."

In April 2010, Hall returned to the No. 2 Gas Mine, where mine foreman Randy Thomas engaged in persistent harassment, according to the suit. Mine superintendent Carl Lucas did nothing to stop the abuse, the suit alleges.

Eventually, Hall met with Spartan Mining Co. president John Jones, vice president Larry Ward and human resources director Kyle Bane, according to the suit. After promising to take care of the issue, they suspended Thomas for three days and transferred Hall to the Slab Camp Mine, where he continues to face threats and harassment, the suit maintains.

Hall accuses Spartan Mining Co. and its management of creating an oppressive and hostile work environment, and making no effort to resolve physical threats based on his sexual preference.

The suit seeks unspecified damages for lost wages and emotional distress. The case has been assigned to Kanawha Circuit Judge Duke Bloom.

Reach Andrew Clevenger at acleven...@wvgazette.com or 304-348-1723.

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Copyright 2011 The Charleston Gazette. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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