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Employment Law

Teacher’s claim of sexual harassment by student proceeds (access required)

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 ...

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Employer liable for retirement fund deficiency (access required)

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 ...

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Transgender plaintiff alleges retaliation by DMV employees (access required)

Where a transgender plaintiff alleged that one DMV employee specifically adopted a dress code policy that was directed at her, and that a second employee forced her to resign shortly after she “begin presenting” as a female, those allegations  were ...

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County employee terminated for performance, not disability (access required)

An Arlington County employee who was terminated during his probationary period failed to show his disability was the reason for the termination or that he was subjected to a hostile work environment. The evidence showed he was not meeting the ...

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Employer can’t dispose of calculation-of-benefits suit (access required)

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

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Capital One failed to promote employee for legitimate reasons (access required)

An employee’s interview performance for one position and her lack of qualifications for a second were the reasons she was not promoted to either of the two positions, rather than her age or race. Background This employment discrimination matter arises ...

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Failed retaliation claim doesn’t revive discrimination claim (access required)

Where a professor failed to timely file a discrimination claim against a university, he cannot reopen the time for filing the discrimination claim by filing a retaliation claim based on an email in which the university simply reiterated its refusal ...

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Contacting EAP is not ‘protected activity’ under ADA (access required)

The employee’s calls to the outside employee assistance provider concerning his mental health issues did not constitute protected activities under the Americans with Disabilities Act of 1990, or ADA, because he was not opposing a practice made unlawful by the ...

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Bank’s defense not available on motion to dismiss (access required)

Although a bank argued it refused to hire the plaintiff because federal regulations prohibit hiring persons with criminal convictions involving dishonesty or breach of trust, this response to the plaintiff’s race, disability and age discrimination claims could not be raised ...

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