MORGANTOWN, W.Va. — The city of Morgantown is now facing a second lawsuit related to alleged misconduct by a former city employee.
Dan Fluharty, who served as deputy director of Engineering and Public Works from October 2022 to April 2023, has been named in two lawsuits that accuse him of inappropriate touching, sexually charged behavior and remarks, and discriminatory comments.
Also named in the lawsuits are Engineering and Public Works Director Damien Davis and Public Works Supervisor David Shrout. Both are accused of failing to take action to stop Fluharty’s alleged behavior.
The lawsuits were filed by Sarahlin Duley and Erin Fullmer, two female employees who worked at the Morgantown Municipal Airport office. Duley was employed as an engineering technician, while Fullmer served as an executive assistant in the department.
In response, the city has requested that the complaints be dismissed or, alternatively, proceed to a jury trial. City officials state they have a clearly established anti-harassment policy and argue that they made good faith efforts to address the reported conduct. The city also contends that the plaintiffs failed to follow internal reporting procedures and claim the women further violated policy by allegedly participating in and encouraging the inappropriate conduct