ADA Plaintiff Exhausted Most Claims 
By Deborah Elkins
Published: May 24, 2012
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District
A former project manager for Servpro of Richmond who alleges she was fired after she refused to see the company-designated doctor and went to her own treating doctor instead to document her disability, has exhausted her disability discrimination claims for harassment and wrongful discharge, but not for retaliation, and the Richmond U.S. District Court dismisses [...]
No Accommodation for Medical Certification
By Deborah Elkins
Published: May 24, 2012
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District
A bakery could not offer plaintiff driver, who has a surgically implanted heart defibrillator, a lawful accommodation to its requirement that drivers obtain a medical certification in order to drive higher-capacity-carrying trucks, and the Roanoke U.S. District Court grants summary judgment to employer in the truck driver’s suit alleging violation of the Americans with Disabilities [...]
Fees Awarded in ‘Hostile Environment’ Case
By Deborah Elkins
Published: May 16, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District
A female firefighter recruit who won her sexual harassment suit against Fairfax County with a jury award of $250,000 in damages, is awarded $306,705,69 in attorney’s fees and costs by the Alexandria U.S. District Court.
Plaintiff prevailed in her Title VII hostile work environment suit, in which a jury awarded her $250,000 in damages, which the [...]
Jury Award Reduced on Title VII Claim
By Deborah Elkins
Published: May 16, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District
A female firefighter recruit who won a $250,000 jury award on her Title VII hostile environment claim against Fairfax County has the award reduced by the Alexandria U.S. District Court to $50,000, which is proportional to the injury sustained and within precedent.
Based on the evidence adduced at trial, a reasonable jury could return a verdict [...]
No Claim from Teacher Transfer
By Deborah Elkins
Published: May 15, 2012
Tags: Employment Discrimination, Judge Leonie Brinkema, U.S. District Court - Eastern District
Although defendant school system transferred the African-American plaintiff to a teaching position at an “alternative learning school” after a marijuana possession charge against him was nolle prossed, plaintiff has not stated a claim for racially motivated discrimination based on the transfer, says an Alexandria U.S. District Court.
Plaintiff remains a teacher and receives the same pay [...]
No Claim from Isolated Incidents
By Deborah Elkins
Published: May 15, 2012
Tags: Employment Discrimination, Judge Liam O'Grady, U.S. District Court - Eastern District
A sheriff wins summary judgment in this race discrimination suit in which an African-American male inmate services counselor alleged a “hostile environment” arising from another African-American coworker leaving a watermelon at his work station, a Caucasian coworker making a comment, “there goes the neighborhood,” when plaintiff passed by and a Latino colleague addressing him as [...]
Claim Exhausted While Motion Pending
By Deborah Elkins
Published: May 8, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District
Although this pro se plaintiff did not receive his EEOC right-to-sue letter until after employer moved to dismiss for lack of exhaustion, an Alexandria U.S. District Court will let plaintiff proceed with his suit alleging age and national origin discrimination.
Defendant errs when it suggests a complaint filed before receipt of an EEOC right-to-sue letter must [...]
ADA Discharge Claim Follows Workplace Injury
By Deborah Elkins
Published: May 1, 2012
Tags: Employment Discrimination, Judge Jackson L. Kiser, U.S. District Court - Western District
A Danville U.S. District Court will allow a pro se plaintiff who says she was fired after she suffered work-related injuries to amend her complaint to allege a claim for wrongful termination under the Americans with Disabilities Act.
The Virginia Workers’ Compensation Act constitutes plaintiff’s exclusive remedy for any and all injuries sustained during the course [...]
Nurse’s Discharge Not ADA Violation
By Deborah Elkins
Published: May 1, 2012
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District
A nurse with a history of substance abuse treatment, patient medication errors and supervised performance cannot challenge her termination as a violation of the Americans with Disabilities Act, says an Alexandria U.S. District Court.
In order to qualify as an individual “being regarded as having an impairment,” an individual must establish that he or she has [...]
Age, Disability Claims Not Exhausted
By Deborah Elkins
Published: April 17, 2012
Tags: Employment Discrimination, Judge Douglas E. Miller, U.S. District Court - Eastern District
A woman who alleged she was harassed and dismissed due to discrimination against her for her age and condition of fibromyalgia should have her Title VII retaliation claim dismissed, says a Newport News U.S. District Court magistrate judge, because she did not check the “retaliation” box on either her state or federal administrative charge and [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
