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Employment Law

Employer Can’t Pull Back ERISA Contributions (access required)

In this dispute over employer U.S. Foodservice Inc.’s alleged overpayment of contributions to employee health and pension funds under the parties’ Collective Bargaining Agreements, the 4th Circuit says the plan administrator did not abuse its discretion in refusing to reimburse ...

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Assault By Coworker States Harassment Claim (access required)

A former restaurant server has stated a Title VII claim for sexual harassment with allegations that an unidentified coworker sexually assaulted her in the workplace, but the Roanoke U.S. District Court dismisses her claim for retaliation. Plaintiff alleges a coworker ...

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Disabled Plaintiff Sues Over Retail Access (access required)

A plaintiff who uses a scooter and wheelchair for mobility has stated state and federal disability discrimination claims against defendant Colonial Williamsburg Foundation for its operation of the Merchants Square retail village, which plaintiff alleges imposes numerous barriers to his ...

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No Costs for Deposition on Damages (access required)

After granting defendant summary judgment in plaintiff’s Title VII suit alleging gender discrimination and retaliation, a Harrisonburg U.S. District Court grants defendant its costs, but deducts the cost of defendant’s deposition of plaintiff’s husband as it was relevant only to ...

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Plan Abused Discretion with ‘Own Occupation’ Denial (access required)

A plan administrator abused its discretion in denying claimant ERISA disability benefits under the plan’s “own occupation” standard, as it did not explain how claimant was expected to perform the 20 percent of her job duties that were not sedentary, ...

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Spoliation Dismissal for ‘Wiping’ Computer (access required)

A computer expert suing for discrimination who ignored his lawyer’s notice to maintain files and documents and instead ran programs called Evidence Eliminator and CCleaner to delete records, then “wiped” his work desktop, “took a sledgehammer to it” and dumped ...

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