Category Archives: Hostile work environment

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

Posted in Age Discrimination, Constructive discharge, Hostile work environment, Result for Employee, Title VII of the Civil Rights Act of 1964 | Leave a comment

Single act may create hostile work environment, according to Seventh Circuit in Berry v. Chicago Transit Authority

A few days ago, I posted my arti­cle on PAR Elec­tri­cal Con­trac­tors, Inc. v. Bev­elle , in which the West Vir­ginia Supreme Court ruled that a sin­gle episode involv­ing mul­ti­ple uses of the N-word could cre­ate a racially hos­tile work … Con­tinue read­ing

Posted in Hostile work environment, Prompt remedial action, Result for Employee, Sex Discrimination, Sexual harassment, Summary Judgment, Title VII of the Civil Rights Act of 1964 | Leave a comment

The disastrous consequences of the N-word in the workplace. Just ask Dr. Laura!

Okay, this arti­cle has noth­ing to do with Dr. Laura Sch­lessinger and her “rant” in which she used the N-word repeat­edly on her radio pro­gram when respond­ing to an African-American caller. But the ensu­ing con­tro­versy (see arti­cles for and against … Con­tinue read­ing

Posted in Attorney's Fees, Back and Front Pay Issues, Constructive discharge, Emotional Distress Damages, Employment policies, Hostile work environment, Prompt remedial action, Race discrimination, Result for Employee, Retaliation claims, WV Human Rights Act, WV Human Rights Commission, WV Supreme Court | 1 Comment

Drew Capuder will be speaking on disability and sexual harassment issues in Morgantown Oct. 20, 2010

I will be speak­ing (and pre­sent­ing arti­cles)  at a sem­i­nar spon­sored by Ster­ling Edu­ca­tion Ser­vices on Octo­ber 20, 2010 in Mor­gan­town, West Vir­ginia, enti­tled “Fun­da­men­tals of Employ­ment Law”. I will be speak­ing (and pre­sent­ing arti­cles) on “Sex­ual, Racial, and Other … Con­tinue read­ing

Posted in Americans with Disabilities Act, Disability discrimination, Drew Capuder, Family and Medical Leave Act (FMLA), Hostile work environment, Sexual harassment | Leave a comment

Sorry boss, I didn’t know you were having sex in the office!!

The West Vir­ginia Supreme Court recently issued an opin­ion deal­ing with one of those stereo­typ­i­cally awk­ward sit­u­a­tions, where an employee allegedly stum­bles into a room where the boss is hav­ing sex with a co-worker. The deci­sion was  Roth v. DeFe­lice­Care, … Con­tinue read­ing

Posted in Harless wrongful discharge, Hostile work environment, Intentional infliction of emotional distress, Medical Industry Litigation, Pleading requirements, Result for Employee, Retaliation claims, Sex Discrimination, Sexual harassment, WV Human Rights Act, WV Supreme Court | Tagged | 1 Comment

Can you be sexually harassed behind your back?

It might be obvi­ous, but it seems a bit dif­fi­cult to win on a claim for sex­ual harass­ment where all of the harass­ment occurs behind your back (and by “behind your back”, I mean sit­u­a­tions where the harass­ing behav­ior occurs … Con­tinue read­ing

Posted in Federal Cases (but not US Supreme Court), Fourth Circuit, Hostile work environment, Medical Industry Litigation, Result for Employer, Sexual harassment, Summary Judgment, Title VII of the Civil Rights Act of 1964 | Tagged , | Leave a comment

WV Supreme Court rules that employer’s policy and prompt action protected it against liability; Colgan Air v WV HRC; 10/25/07

Octo­ber 25, 2007: In Col­gan Air, Inc. v. West Vir­ginia Human Rights Com­mis­sion, 221 W. Va. 588, 656 S.E.2d 33 (1977) the West Vir­ginia Supreme Court addressed claims of harass­ment (based on reli­gion and national ori­gin) and retal­i­a­tion under the … Con­tinue read­ing

Posted in Employment policies, Hostile work environment, National origin discrimination, Prompt remedial action, Religious discrimination, Result for Employer, WV Human Rights Act, WV Supreme Court | 4 Comments