Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Robert B. King

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 ...

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

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 ...

Tagged with: Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

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, ...

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

A white female over the age of 60 who was demoted to assistant principal of a middle school after serving as a high school principal for three years and was replaced by a black male under the age of 40 ...

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

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 ...

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

A majority of the panel upheld a jury’s conclusion the defendant terminated a 30-year employee because of her age, 61. It said the decision was supported by the evidence, including her tenure and comments made around her termination, and found ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

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 ...

Tagged with: Employment Judge Arenda L. Wright Allen U.S. District Court - Eastern District

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 ...

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

As the home healthcare aides were employees, not independent contractors, their employer violated the Fair Labor Standards Act by not paying them overtime. Moreover, because the employer was ignorant of the relevant rules, it was liable for additional liquidated damages, ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District