Virginia Lawyers Weekly VA Lawyers Weekly

Where a CFO was sued by employees for assault and battery and the company for hostile work environment, the employees’ claims can go forward. Numerous other claims however, were dismissed, as was an attempt to hold the company liable for ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where a truck driver tripped over a mat when departing his employment location but only speculated about what caused him to trip, he did not show that the resulting knee injury resulted from an actual risk of his employment. Background ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers' Compensation

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge A. Marvin Quattlebaum Jr.

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge A. Marvin Quattlebaum Jr.

Where a water waste treatment plant employee was terminated after falsifying official documents by back-dating them, he could not sue for discrimination because he could not demonstrate that the reasons for his termination were pretextual. Background In 2006, Henry Sliwinski, ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an employer withdrew a job offer based on the prospective employee’s high body mass index, or BMI, the employer did not violate the Americans with Disabilities Act. Background On April 16, 2018, Matthew Sturgill applied for a conductor position ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a police officer suffered post-traumatic stress disorder as a result of being frequently exposed to child pornography at work, and could not sue under the under the Americans with Disability Act because the state was immune, but he could ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

Where an administrative judge explained why an expert convincingly opined that a miner who smoked two packs of cigarettes a day for 50 years did not suffer from black lung disease, the miner was not entitled to benefits under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Workers' Compensation

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Labor

Where an employee signed an offer letter extended by the company that had acquired the company she had been working for, her agreement to the jury waiver contained within the offer letter was voluntary even though she would have missed ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District