The Merit Systems Protection Board, or MSPB, and the Equal Employment Opportunity Commission did not err in upholding the dismissal of plaintiff from the Patent and Trademark Office. The plaintiff failed to exhaust his administrative remedies or did not engage ...

Tagged with: Employment Employment Discrimination Judge Leonie Brinkema U.S. District Court - Eastern District

The former attorney for the Town of Abingdon, who suffers from anxiety, depression and metallosis, alleged facts that, if true, supported a constructive discharge theory, and she alleges that after she filed her EEOC charges, the town’s behavior worsened. But ...

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

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Henry F. Floyd

Where United Health initially told an employee she would not have to work with another employee who allegedly harassed her, and it never forced her to work with him again, her retaliation claim failed. Background Javon S. Jones appeals from ...

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

A Family Dollar employee who failed to show up for work two days in a row without notifying her manager was terminated for the unexcused absences and not her age, prior complaints about her manager or her prior leave. Background Family ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Allison Jones Rushing

A viable hostile work environment claim based on a co-worker’s conduct requires facts showing the employer knew, or should have known, about the harassment and failed to take action to stop it. Here, because the complaint alleged Best Buy successfully ...

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

Where a plaintiff waited eight months after the deadline to respond to his employer’s summary judgment motion by trying to amend his complaint and there was no good cause for the delay, his motion was properly denied. The employer prevailed ...

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

The plaintiff, an African American immigrant from Togo, successfully alleges that although he had “the most seniority” and was “the most qualified,” the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisor position. ...

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

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 ...

Tagged with: Employment Discrimination Employment Law Judge Glen E. Conrad U.S. District Court - Western District

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 ...

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