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Posted at 11:00 AM ET, 12/27/2010

Gay miner sues Massey subsidiary

By Associated Press
height
Workmen do maintenance on some large water pumps at the Upper Big Branch Mine, a Massey Energy Co. mine in which 29 miners died in an explosion in April. (By Michael S. Williamson/The Washington Post)

A gay coal miner is suing a Massey Energy Co. subsidiary, charging that management didn't protect him from abusive co-workers.

The lawsuit names Massey's Spartan Mining Co. and a foreman at a Kanawha County mine as defendants.

Miner Sam Hall claims in the lawsuit filed in Kanawha County Circuit Court that he was subjected to verbal abuse and lewd gestures, and his car was vandalized at several Massey mines between 2005 and 2010.

Massey general counsel Shane Harvey told the Charleston Gazette the charges are "despicable" and if true the company will take action.

The lawsuit is the latest trouble for Richmond-based Massey. The company faces ongoing investigations of an explosion that killed 29 miners in April.

By Associated Press  | December 27, 2010; 11:00 AM ET
Categories:  Virginia  
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Comments

If the allegations are true, then this miner should definitely win this case. Abuse in the workplace is abhorrent

Posted by: kcflood87 | December 27, 2010 12:00 PM | Report abuse

Posted by: kcflood87 If the allegations are true, then this miner should definitely win this case.

And at night it gets dark, and in the winter it gets cold. Brilliant comment.

Posted by: curiousGeorge4 | December 27, 2010 12:22 PM | Report abuse

I was just wondering what is the legal basis of his law suit since Sexual orientation is not a covered category in VA or Fed employment law?

Posted by: PracticalIndependent | December 27, 2010 1:20 PM | Report abuse

what is the legal basis of his law suit since Sexual orientation is not a covered category in VA or Fed employment law?

Posted by: PracticalIndependent

The case isn't about him being denied employment for being gay, its about the harassment he received from co-workers and lack of action by supervisors.
He could of been harassed because of his hair color or being left handed or anything. The reason the harrassers had for harassing him isnt the issue.
it's the harrassment.

Posted by: MarilynManson | December 27, 2010 1:34 PM | Report abuse

Practical...this mine is in WV, not VA. The US Supreme Court previously authorized same-sex sexual harassment lawsuits under current law. This doesnt appear to be a discrimination suit.

Posted by: DCJUSTICE | December 27, 2010 1:36 PM | Report abuse

Thank you DCJUSTICE for kindly responding to a honest question, with some real information.

MarilynManson, I don't beleive one can bring a legal action for being teased or laughed at because they are left-handed or has blonde hair (grey maybe). But thanks anyway.

Posted by: PracticalIndependent | December 27, 2010 2:05 PM | Report abuse

The evil writings in Leviticus 18:22 … against gays – depict: “P” … “priestly rules” & expanded by the pope; homophobes and religious frauds … to attack the gay community and never meant to apply to the public -- but to priests. Leviticus exists in the old testament & torah … & were written long after Moses -- 600BC.

How would you like it … if hate speech was directed to your brother or sister as you sat in the pew; spewed by some better than thou religious lunatic with a hateful black book about Leviticus -- under his arm?

The pope and churches fully aware that Leviticus 18:22 applies only to priests refuse to remove this stigma maliciously persecuting gays. Kids bullied into suicide …! Being black or left-handed or being gay is just as natural.
If the black community or women had it written that they should be put to death; how would they like that?
Churches are committing hate crimes and more succinctly a violent criminal offence against a federally protected minority namely the gay community. It is actually a bigger moment in history … gays standing up for equality … soldiers being discharged are indeed exposing something far greater ... the realization that there is something far more evil at work -- hateful religion which should be discharged from society -- period. United States is supposedly fighting for democracy but within the U.S. they treat gays like secondary citizens.
It’s now time to shut down the churches with bibles with leviticus 18:22. Religion and the churches should now be exposed as a bigoted structure that gets away with hate mongering. It is a criminal offence to cause harm onto others physically or with written items … bibles have been getting away with this for ages. Tony Perkins and his The Family Research Council's opposition to gay rights have landed the outfit onto a list of "hate groups,” like the KKK. Christian colleges should be classified as hate groups and shut down. UK Prime Minister Cameron is facing this issue; as we speak … regarding hateful muslim & islam extremes & homophobia -- being taught to children at the mosques and schools.
This holier than thou – written so there it shall be -- fallacy; must be stopped!
It is a criminal offence to cause harm onto others physically or with written items … the bible and torah have been getting away with this for ages.
This bogus religious filth should be banned. It exists as a tax exempt structure which discriminates against human rights. The pope, bishops and mormons are cult members promoting discrimination against minorities. Perhaps religious establishments have pushed too far from San Francisco to Washington -- and it may backfire to such a degree that the churches should be shut down!

It is written; so therefore it shall be? We are the chosen people? Such a wicked fantasy. To see the religious lunatics manipulate government and our lives is shameful.

Posted by: MacDonald1 | December 27, 2010 6:40 PM | Report abuse

I like to have anal-sex with men - now please give me special benefits!

Posted by: pgr88 | December 27, 2010 8:18 PM | Report abuse

I know some folks in WV and I am not surprised. They are some of the most racist and sexist people I know. The N word is well used there.

PGR88 - So expecting NOT to be harassed and having your car messed with is asking too much? Quit making excuses for your homophobia.

Posted by: janeway1 | December 27, 2010 10:00 PM | Report abuse

I know some folks in WV and I am not surprised. They are some of the most racist and sexist people I know. The N word is well used there.

PGR88 - So expecting NOT to be harassed and having your car messed with is asking for "special treatment"? Quit making excuses for your homophobia.

Posted by: janeway1 | December 27, 2010 10:01 PM | Report abuse

I know some folks in WV and I am not surprised. They are some of the most racist and sexist people I know. The N word is well used there.

PGR88 - So expecting NOT to be harassed and NOT having your car messed with is asking for "special treatment"? Quit making excuses for your homophobia.

Posted by: janeway1 | December 27, 2010 10:02 PM | Report abuse

What a stupid lawyer, sounds like he is ready to roll over before he even starts.

Look for more and more lawsuits as we have a newly minted victim class. Homosexuals are overly sensitive and weak generally anyway.

Posted by: standard_guy | December 30, 2010 4:45 PM | Report abuse

The comments to this entry are closed.

 
 
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