Virginia Lawyers Weekly VA Lawyers Weekly

Where a former employee failed to plead facts showing Food Lion denied her requested accommodation and conceded that her defamation claims were time-barred, those counts were dismissed. But because she plausibly alleged she experienced a hostile work environment due to ...

Tagged with: Employment Discrimination Judge Glen E. Conrad U.S. District Court - Western District

Where a former employee did not show severe or pervasive harassment or that she was constructively discharged, Virginia Tech and the state prevailed on hostile work environment, discrimination and retaliation claims. Background On June 19, 2018, Dr. Kimberly Renae Andrews ...

Tagged with: Employment Discrimination Judge Glen E. Conrad U.S. District Court - Western District

Although a restaurant worker accepted an offer of judgment of $6,500 just six weeks after he filed his complaint for nonpayment of overtime wages, the time incurred by his attorneys was reasonable, as were their rates of $495 and $460 ...

Tagged with: Judge Claude M. Hilton Labor U.S. District Court - Eastern District

Where an employee’s complaint did not allege facts showing her race or gender were reasons for her employer’s actions, that she experienced a hostile work environment or suffered an adverse employment action, her claims were dismissed, albeit with leave to ...

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

An allegedly defamatory statement made by a manager about the reason for an employee’s termination was not published to a third person, and thus could not support a claim for defamation. Written statements contained in the termination notice were privileged ...

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

The Town of Abingdon won dismissal of a complaint by a former town employee by demonstrating that her claims of a defamatory statement was actually an opinion, that her due process rights were not violated and she was not constructively ...

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

Where a former Town of Abingdon manager failed to allege facts showing he was constructively discharged, that he was satisfying the town’s legitimate expectations or that the town interfered with his rights under the Americans with Disabilities Act, his ADA ...

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

Although the employee argued that temporal proximity, a letter of recommendation and new evidence submitted in response to the Report and Recommendation were sufficient to avoid summary judgment, her arguments and materials failed to demonstrate that PTSD diagnosis was the ...

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

Eight former female employees failed to provide sufficient facts to support their allegations that Walmart discriminated against them on the basis of sex by paying them less than similarly qualified or less-qualified men and by failing to promote them in ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Although an employee argued that Fairfax County’s written reprimand marked him a “wrongdoer” and made him “ineligible for promotion,” there was insufficient evidence that he was ineligible for a promotion or that the reprimand otherwise affected the terms and conditions ...

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