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Employment Law

Employee didn’t administratively exhaust claim (access required)

Where a former employee alleged his former employer refused to rehire him because of his sexual orientation, but his charge of discrimination never mentioned that he applied for other positions, and instead stated that the last instance of discrimination took ...

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UVA dismisses former nurse’s COVID vaccination suit (access required)

Where a nurse who was discharged for not providing proof of vaccination or obtaining a religious or medical exemption sued the University of Virginia, her claims were dismissed. UVA’s policy is related to the government interest in preventing COVID-19 from ...

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Navy prevails on race bias, retaliation claims (access required)

Where the record showed that a Navy employee wasn’t selected for a supervisory position for reasons other than his race or prior employment complaints, the Navy prevailed on his discrimination and retaliation claims. Background Antonio Smith is an African American ...

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Settlement class certified in pizza delivery driver suit (access required)

Where the parties moved to settle the suit alleging that pizza delivery drivers were not paid overtime and the record showed that the collective-action plaintiffs all held the same job, were subject to the same overtime pay calculation, liability was ...

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En banc argument vacated after government changes position (access required)

Where the court granted the employee’s petition for rehearing en banc on whether the federal-sector provision in the Age Discrimination in Employment Act, or ADEA, encompasses a disparate-impact liability claim, and the government then advised the court that it has ...

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Jury to decide if women geologists were underpaid (access required)

Where the Virginia Department of Environmental Quality, or DEQ, argued that it paid a male remediation geologist more than women remediation geologists because of his length of service and the legislative salary increases he received as a state employee, but ...

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‘Information and belief’ allegation survives dismissal (access required)

Where a former employee alleged, upon information and belief, that his age contributed to his termination, and his information and belief was based upon his own personal knowledge and an alleged conversation with another employee, that was sufficient to plead ...

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