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

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This sexual harassment case involves a plaintiff stumbling into a room where the owner of the company is having sex with a co-worker. The owner shortly after that fired the plaintiff. Trial court dismissed the case on a rule 12(b)(6) motion because the conduct was not based on the sex of the plaintiff. West Virginia Supreme Court reversed. The opinion discusses sexual harassment, sex discrimination, pleadings standards (rejecting Iqbal), motion to dismiss standards, discharge in violation of public policy, retaliation, and intentional infliction of emotional distress.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Drew Capuder, Capuder Fantasia PLLC | Attorney Advertising

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