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Employment Law

Alleged firing was sufficiently related to timely charge (access required)

Where the plaintiff timely filed an EEOC charge alleging ongoing retaliation, her termination months later was sufficiently related to that charge because it was the “predictable culmination of defendant’s retaliatory conduct.” Background On June 12, 2017, Sentara RMH Medical Center ...

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Supervisor’s comments about protected activity support retaliation lawsuit (access required)

Where a supervisor allegedly repeatedly made comments about an employee’s protected activity, the employee’s complaint bridged the gap between the protected activity and the adverse employment action, and his retaliation claim was improperly dismissed. Background Louis M. Tutt III appeals ...

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Request for irritant-free workplace was unreasonable (access required)

Where a National Science Foundation employee requested no “airborne irritants” in the workplace, which would have included personal hygiene and standard cleaning products, her fatally vague and overbroad request was unreasonable as a matter of law. Background Neysa Call was ...

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Complaint about equipment not protected activity (access required)

Where the employee requested a special headset, but didn’t make any complaint regarding the headset or access to a headset, the request wasn’t protected activity. Background On July 6, 2021, Maggie Green-Wright filed an amended complaint that asserts six counts: ...

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Jury to decide if employee agreed to arbitration (access required)

Where the owner of a Shoney’s restaurant produced evidence that an employee agreed to arbitrate her employment-related claims against the company, but she  submitted an affidavit in which she denied signing the agreement, a jury will decide if an agreement ...

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Government contractor not plaintiff’s ‘employer’ (access required)

Where the government contractor did not supervise plaintiff’s work product, determine her hours or provide her with equipment necessary to perform her duties, it lacked the degree of control over the essential terms and conditions of her work necessary to ...

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Suit dismissed, was not filed within extended deadline (access required)

Where a woman’s deadline for service of process was not within the Virginia Supreme Court’s tolling period under a COVID-19 order, her time was not tolled. As such, because she served her employer notice of her bias suit months beyond ...

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Employee alleges he was fired for being a male (access required)

Where a male employee alleged that his employer made statements suggesting his gender was a motivating factor in his termination, he plausibly alleged a claim for Title VII sex discrimination. Background Robert Whitley alleges that SecTek Inc. wrongfully terminated his ...

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Rudeness not basis for hostile environment claim (access required)

Where an employee alleged her supervisor singled her out for criticism in front of other employees, embarrassed her in sales meetings, manufactured criticisms of her job performance and forced her to sign a document precluding her from filing a civil ...

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