Virginia Lawyers Weekly VA Lawyers Weekly

Where a company placed its vice president for enterprise sales on unpaid administrative leave, it was not required to pay her salary and commissions. She was not providing any “services” to the company as she had unilaterally taken unauthorized PTO. ...

Tagged with: Employment Judge Anthony J. Trenga U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

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 ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge Michael S. Nachmanoff U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Thomas T. Cullen U.S. District Court - Western District

Where an employee alleged that she was repeatedly called the n-word by the minor son of a supervisor, who was also the grandson of the owners, and there was evidence the company had actual or constructive knowledge of the harassment, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Robert B. King

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Roger L. Gregory

Where a federal employee claimed his suit challenging the Drug Enforcement Agency, or DEA’s, failure to select him for any of the GS-15 positions for which he applied was a “mixed case” under the law, but guidance from prior cases ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Stephanie Dawn Thacker

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 ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

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 ...

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