Virginia Lawyers Weekly VA Lawyers Weekly

Although the native of El Salvador alleged sheep-related comments and mockery were motivated by racial animus, because they compared a person to animals, the comments were insufficient to constitute a hostile work environment based on race because the plaintiff cited ...

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

Where there was a 4½-year gap between the protected activity and the adverse employment action, and no recurring pattern of retaliatory conduct to bridge the temporal divide, the plaintiff’s retaliation claim was dismissed. And because the ADA’s nondisclosure provision did ...

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

The pro se plaintiff’s factual allegations were sufficient to demonstrate she was the victim of race discrimination, racial harassment and retaliation. Because she did not sufficiently support her request for damages, no damages were awarded, but she can file a ...

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

After a jury found the employee was discharged after voicing concern about sexual harassment and hostility and awarded her $350,000 in damages, the court additionally awarded her over $133,000 in back pay after finding she made reasonable efforts to mitigate ...

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

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

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

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

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

Where the plaintiff, who had only recently turned 18, alleged she was subjected to a co-worker’s unwelcome physical contact and comments sexualizing her gender and referencing her physical appearance, she has stated a claim of a hostile work environment. Background ...

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

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

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

Allegations that co-workers stared at the plaintiff’s breasts frequently over a multi­year period, in addition to making comments about her breasts and suggesting she was a “lezzie,” could lead a reasonable jury to find that plaintiff was subjected to severe ...

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

Where a pharmacy employee alleged the CEO repeatedly asked her for a date and discussed his desire to marry and provide for her, her allegations were insufficient to sustain a claim for a hostile work environment. Background Allison Coates began ...

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