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Tag Archives: Employment Discrimination

Default vacated after employer advances meritorious defense (access required)

A plaintiff’s motion for a default judgment against his employer was denied because the employer was “reasonably” prompt in moving to vacate default, proffered a meritorious defense to the discrimination, retaliation and hostile work environment claims, including that the plaintiff ...

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University researcher’s bias claims are untimely or unsupported (access required)

Where a Virginia State University researcher failed to allege any discriminatory conduct that occurred within 300 days from the date she filed with EEOC, her disparate treatment, failure to promote and retaliation claims were time barred. Her failure to plead ...

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Hostile environment claim against UR dismissed (access required)

A former Associate Dean of the School of Arts and Sciences at the University of Richmond who alleged the Dean criticized and humiliated her, stripped her of responsibilities and barred her from working with other personnel, causing her to resign, ...

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Complaints from cheerleaders, parents support coach’s termination (access required)

A cheerleading coach who worked on a defense base in Japan failed to show her age or race was the reason for her termination. The record showed multiple complaints from parents and cheerleaders, including that the coach was late to ...

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Ineligibility for leave dooms FMLA retaliation claim (access required)

An employee who was not eligible for leave under the Family and Medical Leave Act cannot assert an FMLA retaliation claim. The plaintiff’s Title VII retaliation claim also did not survive summary judgment because her general gripes were not protected ...

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EEOC intake form serves as timely charge of pregnancy bias (access required)

Where the EEOC’s intake questionnaire identified the parties and the specifics of the Title VII claim, including that a day-care provider thought the plaintiff was a liability because of her pregnancy and her lifting restrictions, and where the questionnaire was ...

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County not liable for alleged ADA violations (access required)

Because the County of Isle of Wight was not the plaintiff’s employer or a joint-employer, and because her actual employer had fewer than 15 employees, summary judgment was awarded to the defendants on discrimination and retaliation claims under the Americans ...

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Bias claims against state agency are time-barred (access required)

Where the relevant conduct in an employee’s bias complaint occurred more than 300 days before the operative charge of discrimination was filed with the Equal Employment Opportunity Commission, or EEOC, her discrimination, retaliation and hostile work environment claims were time-barred. ...

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Retaliation against site manager a jury question (access required)

Where the company advertised the site manager’s position immediately after she made a sexual harassment complaint, terminated her employment based upon the timing of the allegation and may have treated the alleged harasser more favorably, a jury could conclude the ...

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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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