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Employment Law

Maryland agency immune from discrimination claims (access required)

A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District ...

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School Board not liable for custodian’s acts (access required)

A school cafeteria employee is alleging a coworker created a hostile work environment by leering, snarling and grimacing at her and other female employees. Background Judy Atkins alleges that her former employer, the Smyth County Virginia School Board, and her ...

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Termination claim relied on inapplicable regulations (access required)

A private health care provider’s demurrer to a public-policy wrongful termination claim is granted because the administrative regulations plaintiff relies upon apply only to state-operated facilities. Background Plaintiff Tomes was a regional manager for defendant Encompass, a licensed home healthcare ...

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Employee fired for dishonesty did not have discrimination claim (access required)

Where a lesbian employee was fired by the same person who had hired her approximately eight months earlier, and the person who fired her had ample reason to believe that she had been dishonest in the course of her employment, ...

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Ex-employee exhausted administrative remedies (access required)

An employer lost its motion to dismiss as its former employee adequately alleged she exhausted administrative remedies. Although she had not received her right-to-sue letter, more than 180 days had elapsed after she filed her charge of discrimination. Background Alice ...

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Counselor’s termination after abuse was constitutional (access required)

The termination of a child counselor at a city-run juvenile detention center following a physical abuse incident did not violate the counselor’s due process rights because the counselor was given the opportunity to address the allegations against him in a ...

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Employee subject to racial epithets had viable discrimination claim (access required)

A black employee who was repeatedly called racial epithets, both directly and in conversations where he was mentioned, and was terminated only two months after complaining to his supervisor could proceed to trial on his claims of race discrimination, retaliation ...

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