Employee Fired for Violating Policy 
By Deborah Elkins
Published: April 17, 2012
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District
An African-American pump truck operator for a ready-mixed concrete company cannot recover for discriminatory discharge under Title VII because he cannot rebut the employer’s evidence that he was terminated when he violated the employer’s conflict-of-interest policy by refusing to give up his job driving for another company, after his hours were cut with defendant; the [...]
Harassment Was ‘Continuing Violation’
By Deborah Elkins
Published: April 17, 2012
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District
A pet care specialist who transferred from a New York PetSmart store to one in Chesterfield, Virginia, because she allegedly was being sexually harassed by the store manager in New York, can sue for a “continuing violation” based on sexual harassment by the manager of the Virginia store that led her to obtain a protective [...]
Long-Time Age, Sex Suit Dismissed
By Deborah Elkins
Published: April 13, 2012
Tags: Employment Discrimination, Judge Michael F. Urbanski, U.S. District Court - Western District
A former civilian employee of the Army who failed to check on the status of her age and sex discrimination case for the seven and one-half years it languished in another federal district court after an order transferring venue to a Virginia federal court will not have her pro se suit dismissed for failure to [...]
Genetic Nondiscrimination Claim Fails
By Deborah Elkins
Published: April 13, 2012
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District
A 50-year-old man who alleges he was terminated by his company’s new owners and replaced by a younger employee may sue for age discrimination, but he does not state a claim under the Genetic Information Nondiscrimination Act based on allegations that employer fired him shortly after learning defendant’s wife had multiple sclerosis, says the Abingdon [...]
Fees Awarded in Retaliation Case
By Deborah Elkins
Published: April 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Dennis Dohnal
An African-American boat painter who won his retaliation claim against a boatyard owner who shared with another local boatyard that the painter had filed an EEOC charge after he was terminated, now wins attorney’s fees as the Richmond U.S. District Court magistrate judge awards plaintiff $3,825 in fees.
Plaintiff moved for an additional award of costs [...]
Employee’s Comments Not FMLA Request
By Deborah Elkins
Published: April 2, 2012
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District
A bank employee with a history of excessive absenteeism did not articulate a request for leave under the Family Medical Leave Act when she told her employer she would need to be absent from work for more than one day after she cut her foot at home, but her doctor’s excuse only covered one day [...]
No ADA Claim in Vision Loss Case
By Deborah Elkins
Published: April 2, 2012
Tags: Employment Discrimination, Judge Jackson L. Kiser, U.S. District Court - Western District
An employee who processed inventory for a discount store, which required that he read labels on merchandise and handle heavy equipment, who was blind in one eye and then suffered iritis and a temporary total loss of vision in his other eye, cannot recover from employer, who refused to grant him an indefinite leave, under [...]
Litigators bypass court in employment case
By Deborah Elkins
Published: March 29, 2012
Tags: Employment Discrimination, Federal Courts, Judge James R. Spencer, Law Firms
A legal assistant for a leading litigation firm has been ordered to arbitrate her disability discrimination claim against the firm after she complained about the $37,500 price tag for arbitration.
Theresa Chronister, who worked in the Fredericksburg office of Marks & Harrison PC, said the firm violated the Americans with Disabilities Act when it fired her [...]
No Retaliation Claim in EEOC Charge
By Deborah Elkins
Published: March 28, 2012
Tags: Employment Discrimination, Judge M. Hannah Lauck, U.S. District Court - Eastern District
An African-American power plant employee cannot sue his employer for retaliation and wage discrimination based on race because he did not include these claims in his EEOC charge, and the Richmond U.S. District Court grants summary judgment to employer.
Plaintiff failed to check the form’s “retaliation” box and failed to allege retaliatory discharge or facts that [...]
Title VII Severance-Pay Claim Remanded
By Deborah Elkins
Published: March 28, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Diana Gribbon Motz
Reversing the trial court, the 4th Circuit says a female county employee laid off after 26 years on the job can sue under Title VII on a claim that she was offered a less favorable severance package than that offered to male employees who held similar positions.
The district court dismissed the complaint, holding that the [...]
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