Summary Judgement in USDC for the N.D of W. VA. Employment/Sexual Harassment Case

Pittsburgh partner Kyle McGee, assumed from another counsel the defense of a W.V. employer where a former employee presented allegations of sexual harassment, gender discrimination, retaliation and reprisal under the West Virginia Human Rights Act, as well as a claim for wrongful discharge in violation of public policy. The plaintiff, a warehouse employee, complained of harassment and alleged rumors circulating in the workplace involving a sex act with a manager. Plaintiff thereafter complained due to her dissatisfaction with the company’s investigation. Ultimately, the Plaintiff was terminated and alleged that her termination was the result of her prior complaints about harassment.

Kyle presented a Motion for Summary Judgement contending our client responded to Plaintiff’s complaints with reasonable actions. The Court agreed, finding in our client’s favor on all counts finding the decision to terminate the Plaintiff’s employment could not have been based on her prior harassment complaints. Finally, the Court held that the public policies of the State of West Virginia that she claimed were violated by her termination were not implicated by the facts of this case.