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Tag Archives: Employment Discrimination

USPS accused of retaliating against disabled veteran (access required)

Where an employer provided shifting explanations for why it terminated the employment of a disabled veteran, the inconsistent evidence sufficiently establishes pretext to survive summary judgment. Background Anthon Calix-Hestick, a disabled veteran, became an employee of the United States Postal ...

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Government contractor defeats ADA claim (access required)

Where an employee alleged a government contractor failed to accommodate his anxiety and depression, but the complaint admitted that an accommodation had already been put into place prior to the verification process for the employee’s short-term disability request and prior ...

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Desk reassignment not adverse employment action (access required)

Where an employee for a property management company alleged that she was assigned to a different desk for racially discriminatory reasons, her claim was dismissed. A desk reassignment is not an adverse employment action under the law. Background Artemys Coleman ...

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Employee didn’t administratively exhaust claim (access required)

Where a former employee alleged his former employer refused to rehire him because of his sexual orientation, but his charge of discrimination never mentioned that he applied for other positions, and instead stated that the last instance of discrimination took ...

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Navy prevails on race bias, retaliation claims (access required)

Where the record showed that a Navy employee wasn’t selected for a supervisory position for reasons other than his race or prior employment complaints, the Navy prevailed on his discrimination and retaliation claims. Background Antonio Smith is an African American ...

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En banc argument vacated after government changes position (access required)

Where the court granted the employee’s petition for rehearing en banc on whether the federal-sector provision in the Age Discrimination in Employment Act, or ADEA, encompasses a disparate-impact liability claim, and the government then advised the court that it has ...

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Jury to decide if women geologists were underpaid (access required)

Where the Virginia Department of Environmental Quality, or DEQ, argued that it paid a male remediation geologist more than women remediation geologists because of his length of service and the legislative salary increases he received as a state employee, but ...

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‘Information and belief’ allegation survives dismissal (access required)

Where a former employee alleged, upon information and belief, that his age contributed to his termination, and his information and belief was based upon his own personal knowledge and an alleged conversation with another employee, that was sufficient to plead ...

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