Virginia Lawyers Weekly VA Lawyers Weekly

The Court of Appeals reverses the commission’s award of benefits to claimant Scott Patton under the de factoaward doctrine, which effectively precluded the employer from exercising its statutory right to contest compensability of the claim. In the alternative, the commission ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers' Compensation

The 4th Circuit reverses summary judgment for the city on an African-American female police recruit’s sexual harassment claim, but affirms summary judgment on her claim alleging race discrimination. We find plaintiff presented enough evidence for a reasonable jury to conclude ...

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

An Alexandria U.S. District Court says an Iraqi maintenance technician loses his Title VII national origin suit alleging he was illegally terminated from his job at a condominium complex after he took extended leaves that had been denied because he ...

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

A city groundskeeper may grieve termination of his employment for not having a commercial driver’s license, but a grievance panel may not grant the back pay or alternative placement requested by petitioner, it may only award a modified remedy, says ...

Tagged with: Employment Judge Karen J. Burrell Virginia Court of Appeals

The commission did not err in refusing to terminate claimant’s benefits for an unjustified lack of cooperation with vocational rehabilitation efforts; the Court of Appeals says the commission could conclude the vocational rehab services provided to claimant after she moved ...

Defendant Verizon South wins summary judgment in this Title VII and § 1981 employment discrimination suit filed by an African-American woman who lost her job as part of a reduction in force, but who claims she was terminated in retaliation ...

Tagged with: Employment Discrimination Judge Dennis Dohnal U.S. District Court - Eastern District

A woman who alleges her male co-worker at a packaging plant sexually harassed her by using threats of firing or disciplinary action if she refused to have sex with him, cannot recover from the employer; a Roanoke U.S. District Court ...

Tagged with: Employment Discrimination Judge James C. Turk U.S. District Court - Western District

A plaintiff discharged by defendant freight transport company cannot sue for disability discrimination because he has failed to allege he is a “qualified individual” under the Americans with Disabilities Act, and the Richmond U.S. District Court dismisses plaintiff’s suit. Nowhere ...

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

An Alexandria U.S. District Court dismisses a white male security representative’s Title VII suit alleging his female supervisor created a hostile work environment by disparaging him and other male employees, as plaintiff did not file suit within 90 days of ...

Tagged with: Employment Discrimination Judge James C. Cacheris U.S. District Court - Eastern District

An Alexandria U.S. District Court declines to reconsider its earlier dismissal of plaintiff’s state law constructive discharge claims against defendants, and rejects plaintiff’s argument that dismissal of his claims was improper in light of case law demonstrating that, in Virginia, ...

Tagged with: Employment Judge James C. Cacheris U.S. District Court - Eastern District