Brody's Notes... Openly Gay Coal Miner Sues Massey Energy Corp For Harassment

By Mark Singer (Washington DC) DEC 28 | A lawsuit filed in early December by an openly gay West Virginian miner, alleges that he fell victim to widespread harassment and abuse even after he complained to the mining company's management. Sam Hall stated in court filings in the Kanawha County Circuit Court, located in Charleston, that he was subjected to verbal abuse and invective and lewd gestures by his supervisors and other miners. Hall also claims his car was vandalized at several Massey mines between 2005 and this year.
The suit, filed by Charleston attorney Roger Forman, names Massey subsidiary Spartan Mining Co. and specifically, Number 2 Gas Mine foreman Randy Thomas as co-defendants.

"Mr. Hall is gay and, given his gender preference, has been harassed by both management and fellow miners. Due to management's participation and provocation, most of the pervasive ongoing harassment has been caused or encouraged," the suit states.

In an interview with the Charleston Gazette's reporter, Andrew Clevenger, Massey Energy vice president and general counsel Shane Harvey called the conduct alleged by Hall "despicable."

"They are serious allegations, and we take them seriously. We are going to investigate it, and if any of them are true, we are going to take action swiftly to remedy the situation," he said. "However, at this stage, they are just allegations, and we are going into the investigation with an open mind."

The Gazette noted that  Hall had met with Spartan Mining 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.

According to the court documents, the history of harassment and verbal abuse stretched back to his first days of employment with the company, when, after he had gone horseback riding with a co-worker, the mine's superintendent, Scott Lansenese, allegedly said that Hall had a "Brokeback Mountain" moment, a reference to the film about the relationship between two gay cowboys.

When he later transferred to another Spartan mining operation, the suit states that the alleged harassment continued by Mark Delung, a chief electrician, who used homophobic slurs and wrote them on Hall's dinner bucket. 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," implying that Hall was a pedophile.

Transferring to another facility resulted in more abuse, the suit alleging that co-workers shook their penises at Hall underground, and when they were told to stop or be fired, the situation worsened, with curse words and slurs being written on his locker. At one point, the slurs escalated to violent threats, including one verbal threat expressed by a co-worker that; "I would like to see all faggots die."

His attorney Roger Forman says that 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.