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: Title VII of the Civil Rights Act of 1964
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
US Supreme Court Rules for Employee on “Cat’s Paw” Theory
The United States Supreme Court recently unanimously issued a major victory for employees under “USERRA”, the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., on the “cat’s paw” theory in employment discrimination claims. … Continue reading
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
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
Analysis: The “No Blood No Foul” Rule. When is an Employer’s Conduct Severe Enough to Constitute Retaliation?
I previously wrote about the Supreme Court’s retaliation decision in Burlington Northern & Sante Fe Railway Co. v. White, 548 U.S. 53 (2006) (“Burlington Northern v. White”), in which the US Supreme Court substantially broadened the ability of employees to … Continue reading
US Supreme Court rules pay claims must be filed shortly after discriminatory decision; Ledbetter v Goodyear, 5/29/07
May 29, 2007: In Ledbetter v. Goodyear Tire & Rubber Company, 550 U.S. 618, 128 S. Ct. 2162 (2007) (FindLaw site opinion), the United States Supreme Court, in a 5–4 decision, issued an important decision in a sex discrimination case … Continue reading
