Worker files harassment suit over sexual graffiti

Kelly Holleran Oct. 3, 2011, 8:14am


A Fort Bend County man claims his employer discriminated against him because of his age and terminated him because of complaints he made.

Gregory K. Gilreath filed a complaint Sept. 19 in Jefferson County District Court against Performance Contractors.

In his complaint, Gilreath alleges he worked as a pipe fitter at Performance Contractors when he was injured on the job on Sept. 15, 2010. Following his injury, Gilreath was transferred to the position of foreman, according to the complaint.

"Plaintiff contends that Defendant did this to conceal his injury as there were inspectors at the work site," the suit states. "Subsequent to this transfer, numerous crew members subjected him to a sexually hostile work environment by scrawling sexually explicit graffiti with his name on it."

When Gilreath saw the graffiti, he complained of sexual harassment to his superintendent, defendant Terry Luckey, who did nothing to remedy the situation, the complaint says.

At about the same time, Gilreath claims he complained to his project manager, defendant Brian Barclay, about not receiving foreman's pay.

"Specifically, Plaintiff complained that foreman of the age of 40, such as Selena Provost, received a foreman's pay," the suit states.

Neither man did anything to remedy Gilreath's situation and, in fact, fired him on Aug. 27, 2010, according to the complaint.

"Plaintiff contends he was discriminated against based upon his good faith belief that he had a disability, he was also subjected to a sexually hostile work environment, was subjected to age discrimination, and he was subjected to retaliation leading into his retaliatory dismissal, all in violation of Texas law," the suit states.

Gilreath names Luckey and Barclay as defendants, alleging they slandered his reputation.

In his complaint, Gilreath seeks all pecuniary damages, reinstatement or five years of front-pay, non-economic damages, attorney's fees, costs and other relief the court deems just.

John S. Morgan of Harris, Duesler and Hatfield in Beaumont will be representing him.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A190-943

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