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Employment Law

Unvaccinated man’s disability bias claims dismissed

Where an electrician alleged that he was terminated by Fairfax County because of his refusal to comply with the county’s COVID-19 policy, his disability discrimination and retaliation claims were dismissed. It was implausible that the county regarded him as disabled ...

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Old Dominion University prevails on retaliation claim

Where individuals who made the decision to end a woman’s employment with Old Dominion University’s Office of Development had no knowledge that she had previously complained to Human Resources, and the decision was part of a department reorganization, the university ...

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Case returns to state court after federal claim dropped

Where an employer removed a case to federal court because the complaint included both federal and state claims, and the employee then amended her complaint to drop her federal claim, the suit was remanded to state court. Regardless of whether ...

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Woman fired for ‘insubordinate and unprofessional behavior’

Where the record showed a school board decided not to renew the contract of a bus driver because of her insubordinate and unprofessional behavior, it prevailed on her claims of race discrimination and retaliation. Background Lillie M. Cook drove a ...

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Lack of causal connection dooms retaliation claims

Where a former employee of the National Geospatial-Intelligence Agency alleged that she was terminated in retaliation for protected activity, but she failed to causally connect the termination to her protected activity, the NGA prevailed on the retaliation claims. Background Plaintiff ...

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Lack of work results in employee’s termination

Where a woman alleged that her limited-term employment ended because of her pregnancy, but the record showed that there wasn’t enough work to justify her continued employment, the employer prevailed on her discrimination and retaliation claims. Background Allison Blanchard filed ...

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Employee failed to exhaust multiple ADA claims

Where the charge of discrimination filed by an employee asserted only a claim for disability discrimination; did not check the box for “retaliation” or for “other” to specify a failure-to-accommodate or an interference charge and did not discuss any facts ...

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Bank prevails on disability discrimination claim

Although a supervisor’s performance review noted that an employee struggled with the computer and needed “assistance with technology at times,” that did not raise a reasonable inference of unlawful disability discrimination. Background Patricia Newell worked at Carter Bank & Trust, ...

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Applicant can’t show age was reason for non-promotion

Where a woman alleged she was not hired because of her age, but the hiring committee ranked three other candidates above her, including one who was older, and the winning candidate was selected because of his job experience, communication, executive ...

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