West Virginia Record

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Woman says Weirton Technical Services fired her for pregnancy

By Kyla Asbury | Jan 20, 2016

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WHEELING – A Brooke County woman is suing Weirton Technical Services Inc. for firing her based on her pregnancy.

Curt V. Upright was also named as a defendant in the suit.

April McCardle was employed by Weirton for ten years and when she became pregnant, she informed Upright, who was her supervisor, according to a complaint filed in Ohio Circuit Court.

McCardle claims upon learning of her pregnancy, Upright began treating her differently from other employees and worse than he had previously treated her.

Upright’s changed treatment included conducting a yearly review for the first time in a decade, telling McCardle that she would need to start bringing excuses for all doctor’s appointments and stating that, because of her pregnancy, she reminded him of his ex-wife, according to the suit.

McCardle claims on Oct. 16, Upright terminated her employment, relating the termination to her pregnancy.

The defendants conspired, aided and abetted each other in violation of McCardle’s rights and their actions were willful and wanton, according to the suit.

McCardle claims the defendants violated the West Virginia Human Rights Act.

The defendants also discussed her personal medical history, including matters that were very private, in front of co-workers, according to the suit.

McCardle is seeking compensatory and punitive damages. She is being represented by Patrick S. Cassidy and Timothy F. Cogan of Cassidy Cogan Shappell & Voegelin LC.

Ohio Circuit Court case number: 15-C-330

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Cassidy, Cogan, Shapell & Voegelin, L.C.