Drew M. Capuder
Drew has been practicing for 26 years, focusing on employment litigation, employment consulting, commercial, litigation, and mediation. Drew has extensive trial and appellate experience in West Virginia and Texas, in state and federal courts.
Category Archives: Age Discrimination
Fifth Circuit applies hostile work environment to age claims
Courts have sometimes questioned whether hostile work environment claims apply to all “flavors” of discrimination. Hostile work environment claims most frequently arise in claims of sex discrimination and race discrimination claims under Title VII of the Civil Rights Act of … Continue reading
Cleveland jury awards $900,000 against hospital in age discrimination case
Ellen Simon, an attorney in Cleveland who authors the excellent blog, Ellen Simon’s Employee Rights Post, recently tried an age discrimination claim for plaintiff Gloria Parks (a phlebotomist) against Cleveland’s University Hospitals Case Medical Center. Ms. Parks had worked for … Continue reading
Charleston, WV Jury Awards $1.7m in Age Discrimination Case, 10–1-09
On October 1, 2009, a jury in Charleston, Kanawha County, West Virginia returned a verdict in an age discrimination case, awarding James Nagy a total of $1,750,450. The Lawsuit James Nagy filed suit in Charleston in March 2008 against West … Continue reading
Fourth Circuit rules that pension contribution rules may be age biased
The Fourth Circuit Court of Appeals, in an unpublished opinion, addressed whether an employer’s pension contribution rules may constitute age discrimination under the Age Discrimination in Employment Act of 1967, in Equal Employment Opportunity Commission v. Baltimore County, –F.3d. — … Continue reading
Jackson County jury awards $2.1 million in age case
On March 17, 2010, a jury in Jackson County in West Virginia awarded Jerold John Rice Jr. roughly $2.1 million in an age discrimination case against The Burke-Parsons-Bowlby Corporation, Stella-Jones US Holdings Corporation, and Stella-Jones, Inc., tried in Judge Thomas … Continue reading
Arbitration Agreements in Union Contacts are Enforceable; US Supreme Court in Penn Plaza v. Pyett
This is a test Continue reading
Supreme Court “fills in the blank” to recognize retaliation claims for federal employees under ADEA; Gomez-Perez v. Potter, 2008
5–27–08: The US Supreme Court in Gomez-Perez v. Potter, 128 S. Ct. 1931 (2008) ruled that the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., prohibited retaliation against federal employees who had complained about age … Continue reading
US Supreme Court broadens scope of permissible evidence for proving discrimination; Sprint/United Management v. Mendelsohn; 2/26/08
February 26, 2008: The United States Supreme Court handed down its opinion in Sprint/United Management Co. v. Mendelsohn, 128 S. Ct. 1140 (2008) (FindLaw site opinion). The issue in this federal age discrimination case (ADEA) was whether the plaintiff could … Continue reading
