Wheatley v. Speedway SuperAmerica, LLC, (Kanawha County WV, 02-C-2460 (2004))

Lead counsel for Speedway in defense of same-sex harassment claims by a former male employee who alleged that he was harassed on the basis of his sexual orientation and failure to conform with gender stereotypes in violation of the West Virginia Human Rights Act.  The plaintiff also alleged that the harassment resulted in the constructive discharge from his employment in violation of the Act, and asserted common law claims for the tort of outrage and negligent hiring and supervision.  When it became clear that summary judgment in Speedway’s favor was a near certainty, the plaintiff agreed to dismiss his claims in exchange for a nominal settlement.