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Employment Law

Attorneys’ fees reduced due to unreasonable conduct

Although a woman who successfully sued a Korean news outlet under the Fair Labor Standards Act was entitled to recover her attorneys’ fees, her lawyer’s unreasonable conduct, including excessive litigation and inadequate record keeping, and overall lack of success resulted ...

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Prison guard’s termination for fraternizing upheld

Where the Virginia Department of Corrections discharged appellee corrections officer after determining she fraternized with a former prisoner, the circuit court incorrectly reversed the VDOC and awarded her $17,000 in attorney fees. Background Montgomery, the appellee, had worked as a ...

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Failure to request accommodation dooms bias case

The City of Richmond prevailed on the failure-to-accommodate claim because merely informing a supervisor about disabilities is not sufficient to trigger an interactive process. Background Plaintiff Tyrus Yerby alleged violations of the Americans with Disabilities Act. Plaintiff alleges that the ...

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Enforceable non-solicitation clause can be severed

Where employment agreements contained non-solicitation clauses covering employees, customers and suppliers, only the employee non-solicitation clause was enforceable and could be severed from the other unenforceable clauses. Background The defendants moved to dismiss certain counts of the complaint, and all ...

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Decision on security clearance is beyond judicial review

Although the plaintiff alleged the Army’s decision to suspend him pending review of his security clearance was in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or ADEA and the Whistleblower ...

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Conductor’s ADA claim against railroad fails

Where Norfolk Southern did not fail to accommodate a conductor allegedly suffering from post-traumatic stress disorder, the conductor failed to establish a viable nonconductor job that would have accommodated his disability. Background Plaintiff alleges that defendant failed to accommodate his ...

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Patent Office’s alleged hostile conduct not based on race or age

Where there was no evidence that any of the United States Patent and Trademark Office’s alleged conduct was based on an employee’s race or age, the agency  prevailed on the hostile work environment claim. Where the employee was not satisfying ...

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Voluntary resignation ends Title VII and ADEA claims

Where a psychiatrist elected to resign from the Bureau of Prisons rather than retake a test she claimed was discriminatory, she could not establish she suffered an adverse employment action because she was not constructively discharged. Background In 2014, Dr. ...

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