Virginia Lawyers Weekly VA Lawyers Weekly

Where there was an eight-month gap between a university employee’s protected activity and his termination, and there were no intervening facts suggesting retaliation, Norfolk State University prevailed on the retaliation claim. Background Sylvester T. Watkins brings this action against Norfolk ...

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

Where the court previously held that the Prince William School Board did not discriminate or retaliate against a former high school teacher when it ended his employment, and the teacher then filed this suit alleging discrimination and retaliation in connection ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a former community health worker asserted claims for discrimination, retaliation and a hostile work environment based upon race, but her allegations were insufficient to support plausible claims, her suit was dismissed. Background Teletha Howard alleges that she was hired ...

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

Where a man was suspended shortly after he made alleged disclosures of misconduct, but the disciplinary process was initiated before the disclosures were made, the disciplinarian was not connected in any way to the disclosures, did not consider the disclosures ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge William B. Traxler Jr.

Where a woman presented no evidence that would allow a factfinder to find that sex played any role in her former employer’s decision to terminate her employment, and the alleged male comparator was not similarly situated to the woman, the ...

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

Where a salesperson argued he was terminated because he took leave under the Family and Medical Leave Act, or FMLA, but the record showed his employer terminated him after learning that he was permanently banned from entering Inova facilities, which ...

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

Where the magistrate judge deferred to the interpretation of “managers or supervisors” made by the Department of Labor, or DOL, it did not err. The terms are ambiguous and the DOL’s interpretation wasn’t unreasonable. Background Garrett Hoffman alleges that Bear ...

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

Where participants in a defined contribution plan alleged it was imprudent to include certain target-date funds as an investment option, because they were significantly worse performing than alternatives, their complaint was dismissed. Allegations of underperformance alone fail to state a ...

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

Where a participant in a defined contribution plan alleged it was imprudent to include certain target-date funds as an investment option, because they were significantly worse performing than alternatives, his complaint was dismissed. Allegations of underperformance alone fail to state ...

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

Where an insurance broker alleged its former employee diverted business to its competitors and solicited existing clients to move their business to competitors, it plausibly alleged a claim for breach of fiduciary duty. Background In January 2021, USI Insurance Services ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District