A plaintiff alleging retaliation by his employer for an earlier charge of discrimination under the Age Discrimination in Employment Act could not rely solely on the retaliation provisions of Title VII of the Civil Rights Act. The statutes protect different ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

An ADEA class was conditionally certified in a suit asserting that a school system declined to rehire older employees for IT positions. Background Plaintiff Joseph Andreana has been employed with Defendant Virginia Beach City Public Schools for over 28 years, ...

Tagged with: Civil Procedure Civil Rights Class Action Employment Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

Tagged with: Administrative Employment Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

An ADEA class was conditionally certified in a suit asserting that a school system declined to rehire older employees for IT positions. Background Plaintiff Joseph Andreana has been employed with Defendant Virginia Beach City Public Schools for over 28 years, ...

Tagged with: Civil Procedure Civil Rights Class Action Employment Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

Tagged with: Administrative Civil Procedure Employment Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

In an age discrimination suit, a federal court struck the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field, but no reliable principles or methods cited. Background Plaintiff Angela Georges ...

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

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

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

A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s ...

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

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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