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Tag Archives: Employment Discrimination

Failure to request accommodation dooms bias case (access required)

The City of Richmond prevailed on the failure-to-accommodate claim because merely informing a supervisor about disabilities is not sufficient to trigger an interactive process. Background Plaintiff Tyrus Yerby alleged violations of the Americans with Disabilities Act. Plaintiff alleges that the ...

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Decision on security clearance is beyond judicial review (access required)

Although the plaintiff alleged the Army’s decision to suspend him pending review of his security clearance was in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or ADEA and the Whistleblower ...

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Conductor’s ADA claim against railroad fails (access required)

Where Norfolk Southern did not fail to accommodate a conductor allegedly suffering from post-traumatic stress disorder, the conductor failed to establish a viable nonconductor job that would have accommodated his disability. Background Plaintiff alleges that defendant failed to accommodate his ...

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Patent Office’s alleged hostile conduct not based on race or age (access required)

Where there was no evidence that any of the United States Patent and Trademark Office’s alleged conduct was based on an employee’s race or age, the agency  prevailed on the hostile work environment claim. Where the employee was not satisfying ...

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Voluntary resignation ends Title VII and ADEA claims (access required)

Where a psychiatrist elected to resign from the Bureau of Prisons rather than retake a test she claimed was discriminatory, she could not establish she suffered an adverse employment action because she was not constructively discharged. Background In 2014, Dr. ...

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Race bias claim over defense agency training goes forward (access required)

A former employee of the Defense Logistics Agency Aviation Branch, or DLA Avn, sufficiently pleaded that he was denied training because of his race. However, he failed to plead sufficient facts to support claims for a racially-motivated poor evaluation, failure to ...

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Alleged retaliation by Army is a jury question (access required)

Although a former Army employee did not administratively exhaust her constructive discharge claim and the Army prevailed on claims for discrimination and disparate treatment based on gender, disability bias and failure to accommodate, a jury will decide if the Army ...

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Former city registrar’s ADA claims dismissed (access required)

Although the former registrar for the City of Hopewell alleged it did not  reasonably accommodate her “known physical impairments,” her claims for disability discrimination, failure to accommodate and retaliation under the Americans with Disabilities Act, or ADA, were dismissed because ...

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Claim against school board for disparate treatment allowed (access required)

Where a former employee sufficiently pleaded a causal connection between her discrimination charges and a subsequent demotion, her Title VII retaliation claim survived a motion to dismiss. Background Plaintiff Dr. Cherie C. Whitehurst’s amended complaint raises two counts, which share ...

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