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 ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Although the plaintiff first served the complaint upon the defendant 111 days after the lawsuit was filed, and thus beyond the 90 days allowed by Federal Rule of Civil Procedure 4(m), the court agreed with the overwhelming weight of authority ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

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 ...

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

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 ...

Tagged with: Employment Discrimination Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where an employee alleged that she was repeatedly called the n-word by the minor son of a supervisor, who was also the grandson of the owners, and there was evidence the company had actual or constructive knowledge of the harassment, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Robert B. King

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Roger L. Gregory

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 ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District