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.
Tag Archives: Slider
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
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 Slider
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Was the boss “merely crude”, or was he sexually harassing her?
Sexual harassment claims frequently require judges and juries to distinguish between “merely crude” behavior, which doesn’t violate the employee’s rights, and “sexual harassment”, which does. The Fourth Circuit Court of Appeals addressed that issue in EEOC v. Fairbrook Medical Clinic, … 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
