Virginia Lawyers Weekly VA Lawyers Weekly

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

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

In the absence of guidance from the 4th U.S. Circuit Court of Appeals on the issue, a person who is not actually disabled may maintain certain claims under the Americans with Disabilities Act. Background John Hurd has a medical history ...

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

Dicta from the Fourth Circuit that Title VII doesn’t cover discrimination based on sexual orientation is questionable, but the plaintiff failed to plead sufficient facts to state claims against Virginia Tech. Background Brian Jones, who is openly gay, began working ...

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

Plaintiff failed to prove that her sexual harassment claim or testimony in a deposition, both protected activities, were the ‘but for’ cause of her being put on a performance improvement plan and termination. Background Plaintiff Nevada Storm was an employee ...

Tagged with: Employment Discrimination Judge Liam O'Grady U.S. District Court - Eastern District

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

Tagged with: Employment Discrimination Judge Jackson L. Kiser U.S. District Court - Western District

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit was ordered to repay the funds with interest and pick up attorney and auditing fees. Background This action is brought under Sections 502 and 515 ...

Tagged with: Employment Judge John F. Anderson U.S. District Court - Eastern District

After a home health care worker established that her employer failed to compensate her for overtime, the Eastern District of Virginia court found her entitled to unpaid overtime, liquidated damages and attorney’s fees under FLSA. Background Plaintiff sued Kare Management ...

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

The district court held that Baltimore County violated the Age Discrimination in Employment Act, but denied the EEOC’s request for back pay damages, concluding it had discretion to deny a request for such damages. The 4th Circuit disagreed, holding that ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Per Curiam Opinion

Former school supervisor established a prima facie case of equal pay discrimination, when compared to her predecessor and successor, requiring jury to assess the School Board’s reasons for pay disparity. Background Debra Colley was employed by the Dickenson County School ...

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

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

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