Gay Miner Files Suit Against Embattled West Virginia Coal Company Massey Energy Alleging Years Of Systemic Abuse

Massey Energy Company, currently the subject of lawsuit brought by the Mine Safety and Health Administration as a serial violator of safety law since 29 miners were killed as a result of an explosion at Massey’s Upper Big Branch mine in West Virginia on April 5th, is facing another lawsuit, brought by Sam Hall, a miner since 2005, alleging that he has been subjected to repeated anti-gay harassment by supervisors and other miners, and that management not only failed to prevent the abuse, but actively participated, the West Virginia Gazette reporting that the suit, filed earlier in December against the Massey subsidiary Spartan Mining Company, says Hall was subjected to verbal abuse and invective and lewd gestures by his supervisors and other miners, and that “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 of encouraged.” Hall, who still works for Massey, began as red hat trainee at the Winifrede Mine in November, 2005 and according to the suit, shortly thereafter he and a co-worker went horseback riding. The mine’s superintendent, Scott Lansenese, allegedly said that Hall had a Brokeback Mountain moment, a reference to the 2005 Ang Lee film about a relationship between two gay cowboys. In 2007, at Spartan’s No 130 Mine, where Hall then worked, the harassment continued, Mark Delung, a chief electrician, using homophobic slurs which he would write on Hall’s dinner bucket and then the mine’s power center. When Hall complained and management instructed Delung to stop, the harassment simply increased, Hall’s car vandalised, co-workers attaching a sign that read “I like little boys.” Hall then transferred to the No.2 Gas Mine, where he again was the target of anti-gay abuse, co-workers allegedly shaking their penises at Hall underground, and when they were told to stop, the abuse again increased, Hall’s locker vandalised. For three months in early 2009, the suit says that Hall worked at No.5 Gas Mine, where the superintendent knew him from the Winifrede mine and would encourage the abuse directed at Hall by co-workers. Hall became worried when that abuse turned violent, someone saying “I would like to see all faggots die.” Earlier this year, Hall met with Spartan Mining Co. President John Jones, Vice-president Larry Ward, and human resources director Kyle Bane. Hall was told the issue of harassment would be resolved; however, the company suspended Hall for three days and transferred him to the Slab Camp Mine, where he continues to work while facing abuse and threats based entirely on his sexual orientation. The suit accuses the Spartan Mining Company and its management of creating an oppressive and hostile work environment, and making no attempt to end physical threats made against him based on sexuality. The suit seeks unspecified damages for lost wages and emotional distress. Massey Energy vice-president and general counsel Shane Harvey called the conduct alleged by Hall “despicable,” adding that “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. However, at this stage, they are just allegations, and we are going into the investigation with an open mind."