W.Va. SC affirms $2 million judgment against CSX

[mahatmakanejeeves]

W.Va. SC affirms $2 million judgment against CSX

6/11/2012 10:00 AM By Jessica M. Karmasek -Statehouse Bureau

CHARLESTON - The West Virginia Supreme Court of Appeals this week upheld a $2 million judgment against CSX in a lawsuit over the company's hostile work environment. In its appeal to the Court, defendant CSX Transportation Inc. challenged an order entered Nov. 19, 2011 by the Boone County Circuit Court, denying its motion for post-trial relief.

The circuit court had ruled that plaintiff Angela Smith presented "sufficient evidence" to prove her hostile work environment claim; the jury was instructed correctly on the law of retaliatory discharge; and the evidence supported the jury's award of punitive damages. The state's high court, in a per curiam opinion filed Thursday, concluded that the lower court did not err by denying the company's request for post-trial relief.

The case centers on comments made by and the behavior of one of CSX's trainmasters, E. Wesley Knick. Smith, a yardmaster and then a trainmaster, alleged that Knick made disparaging comments about her sexual orientation -- the Court noted she is a lesbian -- and, later, threatened her following his removal by the company from his management position. CSX did not terminate Knick's employment, despite Smith's allegations against him.

In May 2008, Smith filed a complaint in Boone Circuit Court against CSX alleging sexual harassment, hostile work environment, constructive discharge, retaliation for her complaints of sexual harassment and negligent retentions of Knick. A bifurcated, or split, jury trial was held. The jury, finding in favor of Smith, awarded her $1,557,600 in compensatory damages.

[WillParkinson]

1. Good for her!

Hopefully people will sit up and take notice that discrimination is wrong, regardless of your beliefs.