Cleaner’s Workload Shows Disparate Treatment

Flight Attendants’ Suit Transferred

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

In two flight attendants’ employment discrimination action against a Chicago-based airline, the Illinois Northern U.S. District Court transfers the case to Virginia’s Eastern District; regardless whether 28 U.S.C. § 1404(a) or § 1406(a) is applied, the balance of relevant factors, particularly convenience, support transfer; airline waived venue as a basis for dismissal by omission from [...]

Allegations Insufficient on Race and Sex

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 pro se employee’s Title VII claims for race and sex discrimination and retaliation; employee fails to allege either discrimination or any adverse employment action; her complaints of conflicting instructions, close supervision, a late paycheck and an omitted performance evaluation are insufficient. Employee is an African-American female who has worked [...]

Ex-Employee Must Pay Employer’s Costs

By Deborah Elkins
Published: February 27, 2013
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court that earlier granted summary judgment to defendant Kroger store in a deli manager’s suit alleging race discrimination now awards the employer $4,588.37 in costs. Defendant filed a bill of costs pursuant to Rule 54(d)(1), seeking the recovery of $5,000.22 in costs that defendant allegedly incurred defending against plaintiff’s lawsuit. Defendant’s [...]

Four-Year Limitations for Post-Contract Bias

By Deborah Elkins
Published: February 27, 2013
Tags: Employment Discrimination, Judge John A. Gibney Jr., U.S. District Court - Eastern District

A Richmond U.S. District Court denies reconsideration of defendant’s motion to dismiss this suit by plaintiff who alleges race discrimination by defendant state university in violation of 42 U.S.C. § 1981; on a first-impression question, the court says the four-year statute of limitations under 28 U.S.C. § 1658 applies, not the two-year statute under 42 [...]

Discount Store Settles Title VII Claim

By Deborah Elkins
Published: February 14, 2013
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

A Richmond U.S. District Court enters a consent order in this suit filed by the EEOC against defendant discount store, and orders defendant to pay the victim $45,000 to settle her claims of hostile environment based on sex and constructive discharge. In the event defendant is contacted for a job reference for plaintiff former employee, [...]

No Age Bias in Nurse’s Dismissal

By Deborah Elkins
Published: February 12, 2013
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District

A 46-year old nurse at a nursing home loses her suit alleging she was terminated because of age discrimination, as employer has demonstrated the nurse had a documented history of complaints by colleagues and families of residents of the nursing home about the nurse’s conduct; the Big Stone Gap U.S. District Court grants summary judgment [...]

Employer Says Male Had Better Interview

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

A state agency cannot win summary judgment in this sex discrimination case filed by a female engineer who lost out on a promotion when VDOT hired a less experienced male; an Abingdon U.S. District Court says VDOT’s “meager” and subjective explanation that the male performed better during an interview does not defeat plaintiff’s claim of [...]

No Hire Not Pretext for Religious Bias

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge James C. Turk, U.S. District Court - Western District

A job applicant at Sam’s Club loses his suit alleging religious discrimination under Title VII allegedly based on his statement during an interview that his religion kept him from working on Sundays; the Roanoke U.S. District Court grants summary judgment to defendant. Based on the job interviewer’s statements to plaintiff in the interview, the court [...]

Plant Could Not Accommodate Vision Loss

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A former employee at a heavy truck manufacturing plant, who was placed on long-term disability after he lost his peripheral vision and employer determined he was unable to safely perform any job at the plant, has failed to suggest any reasonable accommodation employer might have made, and the Roanoke U.S. District Court grants summary judgment [...]