Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

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

Where the former employee alleged that he was harassed, made fun of and yelled at by his supervisors, but failed to show that the conduct was because of his race or color, the defendants prevailed on the hostile work environment ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge James A. Wynn Jr.

Where an employee of the Virginia Department of Transportation charged bias in training and promotion and did not provide dates on which the alleged denial of training occurred, his claim was dismissed because there was no showing it was timely ...

Tagged with: Employment Discrimination Judge Robert E. Payne U.S. District Court - Eastern District

Where the plaintiff obtained an extension to respond to the motion for summary judgment, but then filed a “placeholder” brief that was largely a verbatim copy of an opposition brief filed in another case before filing a “corrected” brief three ...

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

Where there was evidence of age-related comments at the time the finance department employee was terminated, and the town shifted its explanation for letting her go, a jury will decide if she was terminated because of her personal telephone calls, ...

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

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

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

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

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

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

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

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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

Where the former University of North Carolina employee suggested her disability could be accommodated by indefinite leave or indefinite light duty, but neither is a “reasonable accommodation” under the Rehabilitation Act, the university prevailed on this claim. Background Annie Boone ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination