Virginia Lawyers Weekly VA Lawyers Weekly

Where a former Culpepper County employee alleged she was terminated in retaliation for complaining of sexual harassment and because she was regarded as having a disability, but she sued the wrong defendants, one of her claims was time barred and ...

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

Where a research assistant alleged that, after he complained about disparaging comments by his supervisor, the supervisor retaliated against him by giving him bad grades, which led to him losing his research assistant position, but there was insufficient evidence of ...

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

Where a company sued its former employees for violating a non-solicitation promise, and sued their new company for tortious interference, the United States was permitted to intervene in the suit to invoke the “state secrets” privilege because the companies performed ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where a deputy sheriff plausibly alleged that he could perform the essential functions of his position, his failure to accommodate claim survived the defendants’ motion to dismiss. Because sovereign immunity barred any claim for monetary damages and back pay, however, ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a former professor at James Madison University, or JMU, who resigned after he was accused of sexual harassment by a female student, sued JMU and university officials, but his complaint failed to plead plausible Title IX, federal due process ...

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

Where maintenance and landscaping employees alleged their employer ordered a “plant closing or mass layoff” as defined by the Worker Adjustment and Retraining Notification, or WARN, Act, but they failed to plead facts showing that the harm occurred at a ...

Tagged with: Employment Judge Roderick C. Young U.S. District Court - Eastern District

Where a federal employee must consult with an EEO officer with 45 days of an alleged discriminatory act and must file a formal written complaint within 15 days of receiving notice from the EEO counselor of the right to file ...

Tagged with: Employment Discrimination Judge Robert S. Ballou U.S. District Court - Western District

Where a professor at Norfolk State University failed to show that he engaged in protected conduct, and failed to causally connect his alleged protected activity to the adverse employment action, his retaliation suit was dismissed.

Tagged with: Employment Discrimination Judge Elizabeth Hanes U.S. District Court - Eastern District

Although the court previously held an employee’s race discrimination claim was time barred, it refused to award attorneys’ fees to the prevailing supervisor. The fact that the court rejected the man’s “continuing violation” theory wasn’t enough to show that the ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a bank employee asserted a claim for constructive discharge, but elsewhere alleged that she had been terminated, her claim failed because she did not state she resigned her employment. Moreover, she did not allege facts showing objectively intolerable working ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District