Tag Archives: Employment Discrimination

Direct evidence of age bias was insufficient (access required)

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 ...

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Placing employee on PIP could be adverse action (access required)

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 ...

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Plaintiff can’t amend complaint through joinder (access required)

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 ...

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Judge saves case but raps lawyer over service deadline (access required)

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. ...

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VDOC sued for firing employee on period (access required)

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. ...

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Protected classes, activity unknown to employers (access required)

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 ...

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