Virginia Lawyers Weekly VA Lawyers Weekly

Where a transgender plaintiff alleged that one DMV employee specifically adopted a dress code policy that was directed at her, and that a second employee forced her to resign shortly after she “begin presenting” as a female, those allegations  were ...

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

An Arlington County employee who was terminated during his probationary period failed to show his disability was the reason for the termination or that he was subjected to a hostile work environment. The evidence showed he was not meeting the ...

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

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

Tagged with: Judge Douglas E. Miller Judge Rebecca Beach Smith Labor U.S. District Court - Eastern District

An employee’s interview performance for one position and her lack of qualifications for a second were the reasons she was not promoted to either of the two positions, rather than her age or race. Background This employment discrimination matter arises ...

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

Where a professor failed to timely file a discrimination claim against a university, he cannot reopen the time for filing the discrimination claim by filing a retaliation claim based on an email in which the university simply reiterated its refusal ...

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

The employee’s calls to the outside employee assistance provider concerning his mental health issues did not constitute protected activities under the Americans with Disabilities Act of 1990, or ADA, because he was not opposing a practice made unlawful by the ...

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

Although a bank argued it refused to hire the plaintiff because federal regulations prohibit hiring persons with criminal convictions involving dishonesty or breach of trust, this response to the plaintiff’s race, disability and age discrimination claims could not be raised ...

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

Where neither plaintiff alleging race-based disparate treatment at a power plant lived in Virginia and the allegedly discriminatory conduct occurred in the Western District of Virginia, where most of the witnesses likely resided, the case was transferred to that court. ...

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

Where the contractor essentially adopted the collective bargaining agreement by making contributions to the plaintiff fund in accordance with the terms of the CBA, the contractor was liable for an early exit contribution required by the CBA. Background The sole ...

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

Although 15 months elapsed between the date the school board learned about a teacher’s membership in the National Association for the Advancement of Colored People and the decision to not renew her contract, four discrete incidents of retaliatory animus that ...

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