Virginia Lawyers Weekly VA Lawyers Weekly

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

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

A longtime employee who was terminated after being repeatedly counseled about safety and cleanliness issues failed to show the termination was because of his race or age. Instead, the court held the termination was for legitimate business reasons. Background Gary ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an employer brought a breach of contract action against an employee only two months after the employee filed a discrimination charge with the Equal Employment Opportunity Commission, the employee had a counterclaim for retaliation under 42 U.S.C. § 1981, but ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Employee’s denial of tenure was insufficient to constitute a deprivation of liberty, and the employee’s claims that the denial constituted discrimination and retaliation based on his disability were time-barred because they were not filed within one year after the denial. ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

An employee had a valid claim for defamation against her employer where her supervisors falsely told her coworkers that she had been arrested for a felony, but she could not bring a claim for tortious interference because an employer cannot ...

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

An employee’s claim of discrimination on the basis of color was allowed to proceed because it was reasonably related to the race discrimination charge she had brought before the Equal Employment Opportunity Commission and the investigation of that charge put ...

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

Where an employer brought a breach of contract action against an employee only two months after the employee filed a discrimination charged with the Equal Employment Opportunity Commission, the employee had a counterclaim for retaliation under 42 U.S.C. § 1981, but ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

A university medical school and two doctors did not discriminate, retaliate or subject the plaintiff doctor to a hostile work environment. Background Afraaz R. Irani filed suit against Palmetto Health; the University of South Carolina School of Medicine; David E. ...

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

Nonsolicitation and nondisclosure agreements defendant signed after plaintiff hired her are enforceable because they are narrowly drawn to protect plaintiff’s legitimate business interests. However, the noncompete provision in the nondisclosure agreement is not enforceable because it is not narrowly drawn ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts