Virginia Lawyers Weekly VA Lawyers Weekly

Where the circuit court remanded a corrections worker’s wrongful discharge claim so the hearing officer could develop a record on an issue that was first presented to the circuit court, this was error. The circuit court failed to limit its ...

Tagged with: Employment Judge Randolph A. Beales Virginia Court of Appeals

Because Title VII does not provide a remedy against individual defendants who do not qualify as “employers,” the claims of a former health system employee against her supervisors were dismissed. Background Karen Jones, appearing pro se, alleges that her former ...

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

Where a Department of State auditor alleged he was not selected for an assignment because of his race, color and sex, but the evidence showed there were legitimate business reasons for choosing someone else, including giving the opportunity to an ...

Tagged with: Employment Discrimination Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where an employee relied on the public policy against age bias stated in the Virginia Human Rights Act, or VHRA, as a basis for a common-law wrongful termination claim, the claim was dismissed. When a Virginia statute already contains a ...

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

Where video evidence showed a transportation security officer, or TSO, shoved another TSO officer at Dulles Airport, an investigation concluded the second officer was not the aggressor and the shoving violated the Transportation Security Agency, or TSA’s, code of conduct, ...

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

Where a high school drama teacher alleged the school board failed to pay him for his tech work because of his race, but he had been paid a theater director supplement and he did not allege that any other performing ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Paul V. Niemeyer

Where call center employees alleged a corporate-wide policy required hourly workers to get call-ready before the start of their shifts, work during unpaid meal breaks and finish calls and shut down their computers after the end of their shifts, all ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where a former elementary school cafeteria manager alleged a school custodian perpetuated a hostile work environment, but there was no showing that his alleged conduct was based on her sex, the school board was granted summary judgment. Background Judy A. ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Where an employee allegedly downloaded over a thousand files containing an elevator repair company’s confidential business information onto a personal hard drive at the same time he was operating a competing business, the employer’s statutory and common law claims survived ...

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

Where unions sued a construction company for liquidated damages after it made a series of tardy payments to an employee health and welfare fund, the court joined three other circuits in holding that punitive damages are not recoverable in cases ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Labor