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Employment Law

Female servers harassed by manager entitled to compensatory damages (access required)

Three female servers at a restaurant, who alleged that they complained to the owner of the restaurant about repeated sexual harassment by one of their managers and were ultimately forced to resign as a result of the harassment, were entitled ...

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Defamation, due process suit against superintendent proceeds (access required)

A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information ...

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More findings needed in unemployment benefits case (access required)

Where the Virginia Employment Commission denied plaintiff unemployment benefits because her employer discharged her for doing inaccurate work, the case is remanded for further proceedings. It cannot be determined from the record whether plaintiff’s acts or omissions were a willful ...

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School board did not retaliate against employee (access required)

A Fairfax County school employee failed to plausibly allege facts showing the school board or school officials retaliated against her for filing a prior employment lawsuit. Background Kathleen Munive alleges that defendants violated 42 U.S.C. § 1983 by retaliating against ...

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Employee fired five months after protected activity can’t sue (access required)

Where an employee had received negative performance reviews for five years before her termination, and her termination occurred at least five months after she engaged in any protected activity, she could not pursue claims of retaliation against her employer. Background ...

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Resignation precludes discrimination claims (access required)

An employee’s resignation prior to her reassignment made it impossible to evaluate whether the reassignment could be considered an adverse employment action, and because the resignation was not the result of intolerable working conditions such that it could be deemed ...

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Termination after injury had valid disability discrimination claim (access required)

Where a physical therapist was unable to perform certain job duties after being injured on the job and was terminated shortly after asking her employer for a reasonable accommodation that would have enabled her to perform all essential functions of ...

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Maryland agency immune from discrimination claims (access required)

A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District ...

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