Spilman recently obtained summary judgment for our client, a retail company specializing in home improvement, in a suit by a former department manager alleging age, gender, and disability discrimination in violation of the West Virginia Human Rights Act, FMLA retaliation, and intentional infliction of emotional distress. The Court found that the plaintiff's only evidence of discrimination was an isolated comment with no relationship to the employment actions at issue. The Court further held that the plaintiff failed to rebut the legitimate, non-discriminatory reason proffered by our client for terminating her employment and therefore could not sustain her FMLA retaliation claim.

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