Flight Attendants’ Suit Transferred

Undischarged Debtor Can Pursue Race Bias Claim

By Deborah Elkins
Published: May 3, 2013
Tags: Employment Discrimination, Judge John A. Gibney Jr., U.S. District Court - Eastern District

Although plaintiff delayed disclosing to a bankruptcy judge that he had filed an EEOC charge against his employer, the Richmond U.S. District Court denies employer’s motion to dismiss plaintiff’s Title VII suit based on employer’s arguments that only the bankruptcy trustee has standing to pursue the race bias claim, and plaintiff is judicially estopped from [...]

Employer Response to Hearing Disability ‘Reasonable’

By Deborah Elkins
Published: May 3, 2013
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District

A hearing-impaired employee of defendant county’s alcohol and drug services program was not a “qualified individual” who could recover under the Americans with Disabilities Act; the Alexandria U.S. District Court says her requests for accommodation were untimely and in any event, there is ample evidence that she was terminated for poor performance. Plaintiff has failed [...]

Pay-Raise Denial States Race Bias Claim

By Deborah Elkins
Published: April 16, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Eastern District

A Big Stone Gap U.S. District Court says plaintiff VDOT employee has stated a Title VII race discrimination claim based on allegations that he was denied a pay raise because of his status as a Caucasian, but the court dismisses plaintiff’s claim of discriminatory discipline because the comparator he cites is an African-American manager that [...]

Title VII Sex-Stereotyping Claim Advances

By Deborah Elkins
Published: April 16, 2013
Tags: Employment Discrimination, Judge Robert E. Payne, U.S. District Court - Eastern District

A pro se plaintiff who complained to the management of defendant temporary staffing agency, his employer, about only being assigned to jobs when no one else was available and of being repeatedly subjected to insults and a threat of violence, related to his not conforming to stereotyped male gender norms, has stated gender discrimination and [...]

‘European’ is Protected National Origin, But Suit Fails

By Deborah Elkins
Published: April 1, 2013
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court says “European” is a protected “national origin” classification under Title VII, but nevertheless grants summary judgment to a Northern Virginia community college sued by a former adjunct economics professor who says he suffered illegal discrimination when he was denied permanent appointment. Plaintiff has a Ph.D. in economics from Harvard University [...]

Fired for False Records, Retaliation Claim Fails

By Deborah Elkins
Published: March 20, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Allyson K. Duncan

A woman terminated for falsifying time records cannot win her Title VII case alleging she was fired in retaliation for complaining about not being allowed to wear ripped jeans, although men could wear ripped jeans; the 4th Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery. [...]

Employee Fired After Probation Term

By Deborah Elkins
Published: March 20, 2013
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

The Virginia Housing Development Authority wins summary judgment in a former employee’s suit alleging race and/or sex discrimination; the Richmond U.S. District Court says plaintiff was warned about boundaries for workplace relationships and violated conditions of her probation, prompting her termination. Plaintiff, an African-American female, was formerly employed in the Information Technology Services Department at [...]

No Summary Judgment on Severance Claim

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

The Lynchburg U.S. District Court denies employer summary judgment finding material disputes on whether employer revoked a severance offer and transferred employee without terminating him; employee’s admitted failure to file a timely complaint with the EEOC requires dismissal of his federal age discrimination claim but diversity jurisdiction is present. Employee over age 40 works as [...]

Hostile Environment Allegations Insufficient

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

The Richmond U.S. District Court dismisses with prejudice a pro se Virginia State University (VSU) professor’s hostile work environment claim arising out the reduction of her 2007 annual salary offer from $72,500 to $65,000; her Equal Pay Act (“EPA”) claim is dismissed without prejudice; a state law breach of contract claim is dismissed with prejudice [...]