Virginia Lawyers Weekly VA Lawyers Weekly

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

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

An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Where a man swore in his May 2019 EEOC charge of discrimination that he learned of his discharge in June 2018, his contrary allegation in a later complaint that he was terminated in May 2019, was ignored. Jurisdiction was lacking ...

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

Where the Bureau of Indian Affairs had no authority to hire or fire employees of a government contractor; had no supervisory authority; was not responsible for the plaintiff’s salary, insurance and taxes and was not in an employment relationship with ...

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

Although the defendant argued the claims of plaintiffs who are unable to travel to Richmond from Mexico for depositions because of COVID restrictions should be severed, this request was denied. Instead, the defendants can take their depositions via remote means. ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where the named plaintiff failed to file a written opt-in consent notice before the time for doing so expired, he was not a proper plaintiff and could not lead the collective action. A substitute plaintiff was allowed. Background This is ...

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

A woman’s termination two weeks after she made a report of racial discrimination, together with other allegations of hostile conduct during that same period, supported an inference of causation that made her retaliation claim plausible. But her hostile work environment ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

A jury will decide if an account manager was terminated because of his poor and unprofessional job performance, as the company maintains, or because it found his wooing of a much younger woman inappropriate, as the plaintiff contends. Background This ...

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

A special education teacher can go forward with a hostile work environment claim against a school board on allegations that a student touched her genitals and lifted her dress in front of a class and that the sexual contact was ...

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

An employer that underpaid its contributions to retirement plans is liable for the underpaid amount, interest, liquidated damages and other fees, totaling $249,348.25. Background In their amended complaint, filed on Sept. 13, 2016, plaintiffs brought two counts under the Employee ...

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