Although the plaintiff presented direct evidence of age discrimination – a statement by a member of the interview committee that another candidate received the job because he was younger and more energetic – the employer nevertheless prevailed on summary judgment ...

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

The employer was denied summary judgment on the ADA retaliation claim because the Fourth Circuit has not resolved whether placing an employee on a performance improvement plan, or PIP, after they engaged in protected conduct, could be an adverse employment ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where the plaintiff moved to add Rehabilitation Act and Title VII claims to her second amended complaint through “joinder,” the motion was denied because a party cannot engraft claims on a complaint except through an amended pleading. Background Shawn Gonzalez ...

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

Where the complaint included a charge of discrimination filed with the EEOC and a right-to-sue letter issued by the agency, but the documents had different charge numbers, the suit will proceed because the differences appear to be a typo. Background ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a bank argued it rescinded a job offer because it discovered the plaintiff  had pleaded guilty to multiple financial dishonesty crimes, and not because of his race, age or alleged disability, it was not possible to assess on a ...

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

Despite a missed service deadline, an Abingdon federal judge allowed an employment discrimination lawsuit to go forward while noting concern that the same lawyer had allowed the service deadline to pass in a similar action only a few months before. ...

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

Where a former case manager claimed her employer retaliated against her for taking leave under the Family and Medical Leave Act, or FMLA, her claims failed because the healthcare provider’s reasons for not selecting her for two positions was not ...

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

Where a dental hygienist at a Virginia correctional facility was allegedly terminated on suspicion of contraband even though her use of tampons during her period explained the discrepancies in sequential body scans, her Title VII sex discrimination claim may proceed. ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a failed job applicant alleged no facts showing that officials reviewing his resume and job applications were aware of his protected classes or protected activity, his discrimination claims failed as a matter of law. Background Plaintiff filed an EEO ...

Tagged with: Employment Discrimination Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a woman was chronically absent, missing part or all of 27 out of 70 shifts, her inability to attend work regularly rendered her incapable of performing the essential functions of her job. Thus, her pregnancy and disability discrimination claims, ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District