Virginia Lawyers Weekly VA Lawyers Weekly

The denial of benefits was upheld for an employee who was injured after he dozed off while driving home from a job site because he could not relate his drowsiness to working conditions and the resulting injury and accident. The ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

A woman’s ADA discrimination and retaliation claims against Fairfax County failed because she could not show she suffered an adverse employment action. There was no evidence she was forced to leave her job nor had she been singled out for ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

A private duty nurse who sued her employer for violations under the Fair Labor Standards Act was awarded $20,910.75 for unpaid wages, an equal amount for liquidated damages plus attorney’s fees and costs. Background Only Choice employed therapists, medical social ...

Tagged with: Employment Judge Liam O'Grady U.S. District Court - Eastern District

The court found that the amended complaint brought by a woman whose suit alleging discrimination on the basis of race was dismissed without prejudice, failed to cure the deficiencies in the original complaint. While she may have been the most ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

Tagged with: Judge Henry E. Hudson Labor U.S. District Court - Eastern District

The court remanded the question of whether a sheriff is entitled to qualified immunity against a retaliatory discharge claim brought by a supervisor fired after leaking video of a prisoner being beaten by an officer. The district court must determine ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Per Curiam Opinion

The dismissal of a parole officer’s discrimination claims was upheld, because they were filed under the Rehabilitation Act, which is governed by the two-year statute of limitations in the Maryland Fair Employment Practices Act rather than Maryland’s three-year statute of ...

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

A woman’s loss of an opportunity to earn overtime, which was a significant portion of her earnings, could be an adverse employment action sufficient to support a claim for retaliation, and her hostile work environment and retaliation suit is remanded. ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Barbara Milano Keenan

In considering a woman’s challenge to her termination, the appellate court said the case required a de novo review of a hearing officer’s final decision. The hearing officer’s initial finding of retaliation was based solely on his faulty understanding of ...

Tagged with: Employment Judge Teresa M. Chafin Virginia Court of Appeals

An employer who did not hire a hearing-impaired man as a shipyard pipefitter was granted summary judgment based on evidence that the ability to hear alarms and announcements was essential, that pipefitters are subjected to high noise activities and that ...

Tagged with: Employment Discrimination Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District