Defendants' Answer To Complaint

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA

LYNCHBURG DIVISION
PERRY FUNK, )
)
Plaintiff, )
)
v. )
)
BWX TECHNOLOGIES, INC. )
Case No.: 6:16-CV-53-NKM
)
and )
)
BWXT-NUCLEAR OPERATIONS )
GROUP, INC. )
)
Defendants. )
DEFENDANTS' ANSWER TO COMPLAINT
Defendants BWX Technologies, Inc. (“BWXT”) and BWXT-Nuclear Operations Group,
Inc. (“BWXT-NOG”) (collectively “Defendants”), by counsel, for their Answer to Plaintiff's
Complaint, state as follows:
1. The allegations contained in Paragraph 1 of Plaintiff’s Complaint consist solely of
legal conclusions, to which no response is required.
2. The allegations contained in Paragraph 2 of Plaintiff’s Complaint consist solely of
legal conclusions to which no response is required.
3. In response to the allegations contained in Paragraph 3 of Plaintiff’s Complaint,
Defendants admit that they do business in the judicial district. The jurisdictional statement
contained in Paragraph 3 of Plaintiff’s Complaint is a legal conclusion to which no response is
required. Defendants deny any remaining allegations contained in Paragraph 3 of Plaintiff’s
Complaint.
4. Defendants deny the allegations contained in Paragraph 4 of Plaintiff’s Complaint.
{#1995548-2, 116882-00002-01}
Case 6:16-cv-00053-NKM-RSB Document 6 Filed 12/09/16 Page 1 of 13 Pageid#: 24
Defendants admit that some or all of the allegations set forth in the Complaint relate to conduct
that appears to have allegedly occurred, if at all, in this judicial district. The remaining
allegations set forth in Paragraph 5 of Plaintiff’s Complaint consist solely of legal conclusions, to
which no response is required.
Defendants lack sufficient information or belief to admit or deny when Plaintiff filed a Charge of
Discrimination. Defendants deny that they sexually harassed or retaliated against Plaintiff and
deny any remaining allegations contained in Paragraph 6 of Plaintiff’s Complaint.
7. Defendants lack sufficient information or belief to admit or deny the allegations
contained in Paragraph 7 of Plaintiff’s Complaint, and therefore deny the same.
Defendants lack sufficient information or belief to admit or deny when Plaintiff received the
alleged Dismissal and Notice of Rights letter, and therefore deny the same. The remaining
allegations contained in Paragraph 8 of Plaintiff’s Amended Complaint consist solely of legal
conclusions to which no response is required.
Defendants admit that BWXT-NOG is a subsidiary of BWXT and that BWXT and BWXT-NOG
have locations in Lynchburg, Virginia. Defendants deny any remaining allegations contained in
Paragraph 10 of Plaintiff’s Complaint.
12. Defendants hereby adopt and incorporate the preceding paragraphs of this Answer.

13. Defendants admit the allegations contained in Paragraph 13 of Plaintiff’s Complaint.
Defendants admit that Plaintiff worked in the “K-Building.” Defendants deny the remaining
allegations contained in Paragraph 15 of Plaintiff’s Complaint.
Defendants admit Plaintiff is male. The remaining allegations contained in Paragraph 17 of
Plaintiff’s Complaint consist solely of legal conclusions to which no response is required.
Defendants admit that Plaintiff was allowed to seek medical attention and was allowed to go

home for the remainder of the work day. Defendants deny the remaining allegations contained in
Paragraph 30 of Plaintiff’s Complaint.
31. Defendants deny the allegations contained in Paragraph 31 of Plaintiff’s Complaint as
stated.
Defendants admit that an investigation was conducted as a result of certain work concerns
Plaintiff raised. Defendants deny the remaining allegations contained in Paragraph 36 of
Plaintiff’s Complaint.
stated.
Defendants admit that an issue was raised with respect to Plaintiff parking in a handicapped
parking space. Defendants lack sufficient information or belief to admit or deny the remaining
allegations contained in Paragraph 40 of Plaintiff’s Complaint, and therefore deny the same.
stated.

Defendants admit that a boot was placed on Plaintiff’s vehicle because it did not have a handicap
parking permit displayed and then was removed when Plaintiff produced a proper permit.
Defendants deny any remaining allegations contained in Paragraph 42 of Plaintiff’s Complaint.
Defendants admit that, following an investigation, Trent, Kessler and Lewis were no longer
employed. Defendants deny the remaining allegations contained in Paragraph 43 of Plaintiff’s
Complaint.
44. Defendants admit that Plaintiff resumed working in the K-Building after Trent,
Kessler and Lewis were no longer employed. Defendants deny the remaining allegations
contained in Paragraph 44 of Plaintiff’s Complaint.
Defendants admit that Plaintiff underwent a fitness for duty examination. Defendants deny the
remaining allegations contained in Paragraph 46 of Plaintiff’s Complaint.
47. Defendants admit that Plaintiff was required to attend counseling because of his own
inappropriate workplace-related conduct. Defendants deny the remaining allegations contained
in Paragraph 47 of Plaintiff’s Complaint.
Defendants admit that employees periodically undergo sexual harassment training. Defendants
deny the remaining allegations set forth in Paragraph 48 of Plaintiff’s Complaint.

stated.
62. Defendants deny the allegations contained n Paragraph 62 of Plaintiff’s Complaint.
Defendants lack sufficient information or belief to admit or deny whether Plaintiff now attends
counseling. Defendants deny the remaining allegations contained in Paragraph 65 of Plaintiff’s
Complaint.

67. Defendants hereby adopt and incorporate the preceding Paragraphs of this Answer.
Defendants deny that they violated any legal right or duty owed to Plaintiff, deny that Plaintiff is
entitled to the relief requested or to any other relief, and demand strict proof thereof.

Defendants deny that they violated any legal right or duty owed to Plaintiff, deny that Plaintiff is
entitled to the relief requested or to any other relief, and demand strict proof thereof.
90. In response to the allegations contained in the Paragraph beginning “WHEREFORE”
following Paragraph 89 of Plaintiff’s Complaint, Defendants deny that the violated any legal
right or duty owed to Plaintiff, deny that Plaintiff is entitled to the relief requested or to any other
relief, and demand strict proof thereof.
91. Defendants deny all allegations contained in Plaintiff’s Complaint that they have not
expressly admitted in this Answer.
AFFIRMATIVE AND OTHER DEFENSES
In further answer to Plaintiff’s Complaint, Defendants set forth the following affirmative
and other defenses:
FIRST DEFENSE
Plaintiff’s Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
None of the alleged comments or actions set forth in Plaintiff’s Complaint constitute
sexual harassment because they were not made or done because of Plaintiff’s sex.
THIRD DEFENSE
Plaintiff’s claims should be dismissed, in whole or in part, because he has failed to meet
the jurisdictional or administrative or other prerequisites or conditions precedent for maintaining
all or part of this lawsuit, including, but not limited to, his duty to conciliate or exhaust available
administrative or internal remedies.

FOURTH DEFENSE
Plaintiff’s claims should be dismissed because Defendants have not engaged in, and are
not engaging in, unlawful discrimination, harassment, or retaliation because of Plaintiff’s sex or
because of any complaint he may have made.
FIFTH DEFENSE
Plaintiff’s claims and damages are precluded, in whole or in part, by his violation of
Defendants’ policies, practices and/or procedures.
SIXTH DEFENSE
All actions Defendants took with respect to Plaintiff were taken in good faith, for
reasonable and legitimate business reasons and were based on nondiscriminatory factors wholly
unrelated to Plaintiff’s sex.
SEVENTH DEFENSE
The alleged losses set forth in the Complaint did not result from anything Defendants
allegedly did or allegedly failed to do.
EIGHTH DEFENSE
Plaintiff’s claims are barred, in whole or in part, by his failure to adhere to the applicable
statute of limitations, required time period for asserting claims, and/or other statutory or other
provisions of law.
NINTH DEFENSE
Plaintiff’s claims are barred, in whole or in part, by the doctrine of unclean hands, laches,
and/or waiver.

TENTH DEFENSE
Plaintiff’s claims should be dismissed, in whole or in part, because he is estopped as to
such claims by his own actions.
ELEVENTH DEFENSE
Plaintiff’s Complaint fails to allege any facts that would support the imposition of
punitive damages against Defendants herein and the imposition of any such damages would
violate the constitutional and/or other rights of Defendants.
TWELFTH DEFENSE
Plaintiff’s claims are unavailable, in whole or in part, because Defendant(s) have taken
and are taking available means to ensure that their respective employees are not subjected to
unlawful sex discrimination, sexual harassment, retaliation, or other unlawful conduct.
THIRTEENTH DEFENSE
Defendants are not Plaintiff’s joint employer.
FOURTEENTH DEFENSE
Plaintiff is not entitled to recover against Defendants because no adverse employment
action was taken against him.
FIFTEENTH DEFENSE
Defendant(s) did not engage in any negligent conduct as it relates to Plaintiff and
exercised reasonable care to prevent and correct any alleged harassing or retaliatory behavior or
conduct.
SIXTEENTH DEFENSE
Plaintiff, by his actions or otherwise, failed to comply with Defendant(s) internal policies
for addressing complaints, including a policy barring sexual harassment and retaliation in the
10

workplace and setting forth a procedure for addressing such complaints, and, accordingly,
Plaintiff is estopped, otherwise has waived, or is precluded from asserting his claims for damages
or other relief.
SEVENTEENTH DEFENSE
At all times relevant hereto, Defendant(s) maintained reasonable policies and procedures
to prevent and correct harassment, other forms of discrimination/hostile work environment, and
retaliation and Plaintiff failed to avail himself of these policies and procedures. Accordingly,
Plaintiff’s claims against Defendant(s) are barred under the principles enunciated in the Supreme
Court’s Farragher/Ellerth decisions because he failed to take advantage of Defendant(s) existing
policies and other measures designed to prevent and correct unlawful discrimination, harassment
and retaliation in its workplace, or to avoid harm otherwise.
EIGHTEENTH DEFENSE
Defendant(s) cannot be held liable to Plaintiff under theories of respondeat superior or
otherwise for the conduct of employees of Defendant(s) that occurred outside the scope of their
employment and because Defendant(s) did not ratify any such conduct.
NINETEENTH DEFENSE
Defendant(s) cannot be held liable to Plaintiff because one or more of Defendant(s) was
not Plaintiff’s Employer.
TWENTIETH DEFENSE
Plaintiff’s claims are unavailable, in whole or in part, because there was no causal
connection between events alleged in his Complaint and any damages which he allegedly
suffered.
11

TWENTY-FIRST DEFENSE
Defendants expressly reserve the right to assert additional defenses, counterclaims, or any
other claims they may deem appropriate after further proceedings in this case.
WHEREFORE, Defendants respectfully request that this Court enter an order dismissing
Plaintiff’s Complaint herein in its entirety and awarding Defendants their attorney’s fees and
costs for defending this suit and for such other relief as the Court may deem appropriate.
Respectfully submitted,
WOODS ROGERS PLC
/s/ Michael P. Gardner

Thomas R. Bagby, Esq. (VSB No. 14853)
bagby@woodsrogers.com
Michael P. Gardner, Esq. (VSB No. 80380)
mgardner@woodsrogers.com
WOODS ROGERS PLC
10 South Jefferson Street, Suite 1400
Roanoke, Virginia 24011
Telephone: (540) 983-7600
Facsimile: (540) 983-7711
Counsel for Defendants
12

CERTIFICATE OF SERVICE
I hereby certify that, on this 9th day of December, 2016, the foregoing was filed
electronically with the Clerk of Court using the CM/ECF system, which will send notification of
such filing (NEF) to counsel of record.
/s/ Michael P. Gardner
13

Defendants' Answer To Complaint

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Defendants' Answer To Complaint

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IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF VIRGINIA

DEFENDANTS' ANSWER TO COMPLAINT

Defendants BWX Technologies, Inc. (“BWXT”) and BWXT-Nuclear Operations Group,

Inc. (“BWXT-NOG”) (collectively “Defendants”), by counsel, for their Answer to Plaintiff's

Complaint, state as follows:

1. The allegations contained in Paragraph 1 of Plaintiff’s Complaint consist solely of

legal conclusions, to which no response is required.

2. The allegations contained in Paragraph 2 of Plaintiff’s Complaint consist solely of

legal conclusions to which no response is required.

3. In response to the allegations contained in Paragraph 3 of Plaintiff’s Complaint,

contained in Paragraph 3 of Plaintiff’s Complaint is a legal conclusion to which no response is

required. Defendants deny any remaining allegations contained in Paragraph 3 of Plaintiff’s

4. Defendants deny the allegations contained in Paragraph 4 of Plaintiff’s Complaint.

which no response is required.

6. In response to the allegations contained in Paragraph 6 of Plaintiff’s Complaint,

deny any remaining allegations contained in Paragraph 6 of Plaintiff’s Complaint.

7. Defendants lack sufficient information or belief to admit or deny the allegations

contained in Paragraph 7 of Plaintiff’s Complaint, and therefore deny the same.

8. In response to the allegations contained in Paragraph 8 of Plaintiff’s Complaint,

allegations contained in Paragraph 8 of Plaintiff’s Amended Complaint consist solely of legal

conclusions to which no response is required.

9. Defendants deny the allegations contained in Paragraph 9 of Plaintiff’s Complaint.

10. In response to the allegations contained in Paragraph 10 of Plaintiff’s Complaint,

Paragraph 10 of Plaintiff’s Complaint.

11. Defendants deny the allegations contained in Paragraph 11 of Plaintiff’s Complaint.

Case 6:16-cv-00053-NKM-RSB Document 6 Filed 12/09/16 Page 2 of 13 Pageid#: 25

14. Defendants deny the allegations contained in Paragraph 14 of Plaintiff’s Complaint.

15. In response to the allegations contained in Paragraph 15 of Plaintiff’s Complaint,

allegations contained in Paragraph 15 of Plaintiff’s Complaint.

17. In response to the allegations contained in Paragraph 17 of Plaintiff’s Complaint,

Defendants admit Plaintiff is male. The remaining allegations contained in Paragraph 17 of

Plaintiff’s Complaint consist solely of legal conclusions to which no response is required.

18. Defendants deny the allegations contained in Paragraph 18 of Plaintiff’s Complaint.

19. Defendants deny the allegations contained in Paragraph 19 of Plaintiff’s Complaint.

20. Defendants deny the allegations contained in Paragraph 20 of Plaintiff’s Complaint.

21. Defendants deny the allegations contained in Paragraph 21 of Plaintiff’s Complaint.

22. Defendants deny the allegations contained in Paragraph 22 of Plaintiff’s Complaint.

23. Defendants deny the allegations contained in Paragraph 23 of Plaintiff’s Complaint.

24. Defendants deny the allegations contained in Paragraph 24 of Plaintiff’s Complaint.

25. Defendants deny the allegations contained in Paragraph 25 of Plaintiff’s Complaint.

26. Defendants deny the allegations contained in Paragraph 26 of Plaintiff’s Complaint.

27. Defendants deny the allegations contained in Paragraph 27 of Plaintiff’s Complaint.

28. Defendants deny the allegations contained in Paragraph 28 of Plaintiff’s Complaint.

29. Defendants deny the allegations contained in Paragraph 29 of Plaintiff’s Complaint.

30. In response to the allegations contained in Paragraph 30 of Plaintiff’s Complaint,

Case 6:16-cv-00053-NKM-RSB Document 6 Filed 12/09/16 Page 3 of 13 Pageid#: 26

Paragraph 30 of Plaintiff’s Complaint.

31. Defendants deny the allegations contained in Paragraph 31 of Plaintiff’s Complaint as

32. Defendants deny the allegations contained in Paragraph 32 of Plaintiff’s Complaint.

33. Defendants deny the allegations contained in Paragraph 33 of Plaintiff’s Complaint.

34. Defendants deny the allegations contained in Paragraph 34 of Plaintiff’s Complaint.

35. Defendants deny the allegations contained in Paragraph 35 of Plaintiff’s Complaint.

36. In response to the allegations contained in Paragraph 36 of Plaintiff’s Complaint,

Plaintiff raised. Defendants deny the remaining allegations contained in Paragraph 36 of

37. Defendants deny the allegations contained in Paragraph 37 of Plaintiff’s Complaint.

38. Defendants deny the allegations contained in Paragraph 38 of Plaintiff’s Complaint as

39. Defendants deny the allegations contained in Paragraph 39 of Plaintiff’s Complaint.

40. In response to the allegations contained in Paragraph 40 of Plaintiff’s Complaint,

41. Defendants deny the allegations contained in Paragraph 41 of Plaintiff’s Complaint as

Case 6:16-cv-00053-NKM-RSB Document 6 Filed 12/09/16 Page 4 of 13 Pageid#: 27

Defendants deny any remaining allegations contained in Paragraph 42 of Plaintiff’s Complaint.

43. In response to the allegations contained in Paragraph 43 of Plaintiff’s Complaint,