Legal Opinion

Willis v. Wal-Mart Stores, Inc.

West Virginia Supreme Court

Decided June 24, 1998No. 24152PublishedCited by 11 opinions

1Opinion of the Court

WORKMAN, Justice:

Through certified question, this Court is presented with a case of first impression concerning whether the West Virginia Human Rights Act (“Act”), West Virginia Code § 5-11-1 to -19 (1994 & Supp.1997), recognizes a cause of action for a claim of same-gender sexual harassment. The United States Supreme Court recently ruled that same-sex harassment is actionable under Title VII, 1 and we determine similarly that same-gender 2 sexual harassment is a recog nized cause of action under the provisions of our Act.

Alleging unlawful discrimination predicated on sexual harassment, 3…

2Cases cited15 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  3. Price Waterhouse v. HopkinsSupreme Court of the United States · 1989
  4. Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
  5. Phil Quick v. Donaldson Company, Inc.Court of Appeals for the Eighth Circuit · 1996

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3Cited by11 opinions

  1. Lack v. Wal-Mart Stores, Inc.Court of Appeals for the Fourth Circuit · 2001
  2. Heldreth v. RahimianWest Virginia Supreme Court · 2006
  3. Burgess v. Gateway Communications, Inc.District Court, S.D. West Virginia · 1998
  4. Brenda Ellen Egan v. Steel of West Virginia and SWVA, Inc.West Virginia Supreme Court · 2016
  5. Christopher Lack, and Susan Willis v. Wal-Mart Stores, Incorporated, a Company Licensed to Do Business in West Virginia, and James Bragg, Christopher Lack, and Susan Willis v. James Bragg, and Wal-Mart Stores, Incorporated, a Company Licensed to Do Business in West VirginiaCourt of Appeals for the Fourth Circuit · 2001

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