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Employment Law

Nov 27, 2023

Former employee’s claims survive motion to dismiss

Where a former employee alleged facts plausibly suggesting that she was subjected to a hostile work environment, retaliated against after she complained about the conduct and that a reasonable person would have felt compelled to resign, as she did, her claims survived the motion to dismiss. Background Janyia Sunkins’ second amended complaint asserts claims for […]

Nov 27, 2023

Equal Pay Act doesn’t apply to applicant

Where a woman asserted a claim under the Equal Pay Act because she was allegedly offered less than similarly-situated employees, that claim was dismissed. The Equal Pay Act applies only to employees, and the woman never entered an employment relationship here and was thus never an “employee.” Background Patricia Mitchell, proceeding pro se, alleges that […]

Nov 27, 2023

No benefits awarded in unemployment comp case

Where petitioner did not produce any evidence that she was advised to quit her job for medical reasons, the Virginia Employment Commission correctly denied her claim for unemployment compensation. No good cause “[T]he Court must evaluate whether Byrd left voluntarily, and if she left voluntarily, whether she did so with good cause. The VEC determined […]

Nov 20, 2023

OIG employees’ suit is dismissed

Where a former member of an agency inspector general’s office, along with current employees, s sought to enjoin investigations, but they failed to allege any injury that could support standing and their claims were not ripe, their suit was dismissed. Background Plaintiffs are the Department of Homeland Security, or DHS, Inspector General and two of […]

Nov 20, 2023

Ex-Prince William school official’s claims dismissed

Where a former assistant superintendent alleged the Prince William County School Board retaliated against him after he complained about an employee’s conduct, but he suffered no adverse employment action and there was no causal connection between the alleged retaliation and the protected activity, his claim was dismissed with prejudice. Background Michael Mulgrew’s amended complaint brings [&h[...]

Nov 20, 2023

Court excuses failure to name employer in EEOC charge

Where a woman failed to name her actual employer in her charge of discrimination, and instead incorrectly named an affiliated entity, but her confusion was excusable and there was no prejudice to the actual employer, its motion to dismiss was denied. Background Keon Renee Harris brings this action against VCU Health Systems Authority, or VCUHS, […]

Nov 20, 2023

Court won’t reconsider corporate director immunity

Where former employees argued that the court erred when it granted immunity to corporate directors under Virginia’s Nonstock Corporation Act, or VNCA, but their arguments were already made or could have been made, this motion to reconsider was denied. Background On Sep. 16, 2022, this court adopted the magistrate judge’s report and recommendation, which, among […]

Nov 20, 2023

Sex bias claims against university are dismissed

Where a former adjunct professor alleged her contract was not renewed for discriminatory reasons, but the record showed that the university offered her a contract, her failure to rehire and disparate treatment claims were dismissed. Background In her second amended complaint, Natalia Wallace asserts claims under Title VII of the Civil Rights Act of 1964 […]

Nov 14, 2023

School board sued for alleged retaliation against employee

Where a former employee plausibly alleged that she was fired in retaliation for asserting that the Richmond School Board was violating the False Claims Act in connection with its Head Start program, the school board’s motion to dismiss was denied. Background This is an employment dispute arising from the termination of Kara Williams’s employment by […]

Nov 14, 2023

Title VII suit dismissed because of untimely filing

Where a former employee filed his Title VII suit on the 91st day after he received notice of the agency’s decision on his employment complaint, and he failed to demonstrate the deadline should be equitably tolled, the suit was dismissed. Background Federico Dimas Jr. alleges five counts against his former employer under Title VII of […]

Nov 14, 2023

Right-to-sue notice doesn’t satisfy VHRA requirement

Where a man failed to obtain a notice of right to sue before he filed a disability discrimination claim under the Virginia Human Rights Act, or VHRA, that claim was dismissed. Although the man obtained a right-to-sue notice from the Equal Employment Opportunity Commission, or EEOC, the VHRA requires a right-to-sue notice that is separate […]

Nov 14, 2023

VHRA can’t be ‘public policy’ undergirding ‘Bowman’ claim

Where a former employee’s Bowman claim was grounded in the Virginia Human Rights Act, or VHRA, it was dismissed. The VHRA cannot be the “public policy” undergirding a Bowman claim. Background Herman Lipford sued Eastman Chemical Company, his former employer, asserting claims: (1) for race discrimination under Title VII of the Civil Rights Act of […]

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