Virginia Lawyers Weekly VA Lawyers Weekly

Where a skilled nursing facility employee alleged her medical issues prevented her from pulling, pushing and tugging on patients, but that she could perform the essential functions of wound care coordinator if given reasonable accommodation, her disability discrimination claim survives ...

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

Where a Black teacher alleged a school principal elevated her teaching assistant over her while not interfering in the relationship between other white teachers and their assistants, she plausibly alleged a claim for race discrimination. Background Sherie Ashanti, a Black ...

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

Where a company sued for alleged overtime violations is in the Alexandria division, the majority of the relevant witnesses were found in that division and a related suit is pending there, the suit will be transferred to Alexandria. Background The ...

Tagged with: Employment Judge Robert G. Doumar U.S. District Court - Eastern District

Where a staffing company allegedly engaged in “sharp dealing” when it induced employees to breach valid restrictive covenants with their prior employer, the tortious interference claim survived a motion to dismiss. Background Apex Systems LLC alleges that Beacon Hill Staffing ...

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

Where a graduate research assistant alleged that the University of Virginia retaliated against him after he complained about his advisor’s conduct, but there was almost one year between his complaint and the next alleged adverse action, and it was nearly ...

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

Where there was “conflicting and inconsistent evidence” about why a female school science supervisor was paid less than a male comparator, a jury will decide whether the school board discriminated based on her gender. Background Erin Barnett, the supervisor for ...

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

Where a Liberty University art professor alleged her contract was not renewed because of her age, the university is not protected by the ministerial exception. The professor’s title, functions and how she held herself out all supported a conclusion that ...

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

Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

Where an employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge G. Steven Agee

Where an employee alleges she was paid less than male comparators, the court should only consider an employee’s base salary or wage rate, and not additional compensation like commissions. Background This appeal arises from the district court’s grant of summary ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz