Mcclure Management, LLC v. Taylor

849 S.E.2d 604 (2020)

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Nature of the Case

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Facts

Ps are African American men who were employees of Price Gregory, a company involved in the natural gas industry. Both men came to West Virginia to work as 'pipeliners' at a gas production site operated by Price Gregory. Ps filed their complaint against Ds alleging that their 'actions in refusing, and/or withholding from [Ps the accommodations, advantages, facilities, privileges or services of their place of public accommodation constitutes unlawful discriminatory practices under West Virginia Code [§] 5-11-9(6). Ps were working in the area and wanted to stay where everyone else did. P called D and asked if they had long-term apartment rooms available. P was told that long-term apartment rooms were available. However, after arriving at the McClure Hotel in person P was told that there was a 'waiting list' for the long-term apartment rooms, but he could stay in a 'nightly room,' which the hotel referred to as a 'sleeper room.' The 'sleeper rooms' are more expensive on a nightly basis than the long-term apartment rooms. P observed white coworkers who were hired after him, and who arrived at the hotel after him, were given long-term apartment rooms while he remained in a 'sleeper room.' When P questioned D, he was told that those white coworkers were ahead of him on the 'waiting list.' P claimed that the coworkers had not yet been hired by Price Gregory when he arrived at the hotel. P spoke with D's management and was told the hotel did not have a 'waiting list.' The clerk again repeated her claim that there was a 'waiting list.' However, shortly after his conversation with the hotel's general manager, P was provided with a long-term apartment room. He had been at the hotel for approximately two weeks before being provided with a long-term apartment room. P paid the monthly apartment rent three days beyond the five-day grace period provided for in the apartment rental agreement; however, D's policy provided that eviction would not occur unless a rental payment was ten days late. On the day he made this rental payment, December 8, 2011, P paid in cash and stated that the hotel made a photocopy of the money he handed them. The clerk called him to inform him that, although he had paid his rent, he had a parking fee that remained outstanding. P explained to her that he intended to 'go to the bank and . . . take care of it' after work. The clerk responded, 'I've had nothing but problems from you people.' P discovered that the clerk had called Price Gregory and spoken to his office manager. That phone call to P's office manager required P to explain the situation at the hotel to his 'spread boss.' P felt humiliated when discussing the hotel situation with his spread boss. The boss was upset with people calling 'because you're not paying your bills.' After completing this particular job, he did not work for Price Gregory again. P got the verdict and Ds appealed.