Sam Hall vs. Spartan Mining Company: December 8, 2010

CIVIL FILINGS: Kanawha County, December 8, 2010

Sam Hall vs. Spartan Mining Company d/b/a [doing business as] Mammoth Coal Company and Randy Thomas

Attorney PA- Roger D. Forman, Daniel T. Lattanzi; J- Louis Bloom

• Hall has worked for a number of the defendants' coal mines since 2005. He claims he has been harassed by both management and fellow miners because he is gay. He is seeking compensatory and punitive damages. Case number: 10-C-2202

"Gay miner sues Massey subsidiary, alleging widespread harassment"

by Andrew Clevenger, The Charleston Gazette, December 26, 2010

CHARLESTON, W.Va. -- A gay coal miner has sued a Massey Energy Co. subsidiary, alleging that co-workers in several mines have repeatedly harassed him because of his sexual orientation. In a lawsuit filed earlier this month in Kanawha Circuit Court, Sam Hall maintains that he was subjected to verbal abuse and invective and lewd gestures by his supervisors and other miners, even after he complained to management.

"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.

The suit, filed by Charleston lawyer Roger Forman, names Massey subsidiary Spartan Mining Co. and No. 2 Gas Mine foreman Randy Thomas as defendants.

Last week, 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."

Hall first went to work as a "red hat," as underground trainees are called because of the red helmets they are required to wear, at the Winifrede Mine in November 2005, according to the suit.

After Hall went 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 Academy Awardwinning 2005 film about the relationship between two gay cowboys.

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