Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s  conduct. Background Carla A. Clehm is an employee of defendant BAE ...

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

Where the record was not clear on whether the plaintiff’s termination was in retaliation for rejecting her supervisor’s advances, the plaintiff failed to demonstrate she was subjected to a hostile work environment based on sex. Background The Equal Employment Opportunity ...

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

Where there does not appear to be a substantial difference of opinion within the Fourth Circuit that compensatory damages, punitive damages and a jury trial are unavailable for retaliation claims under the ADA, the plaintiff’s motion to pursue an interlocutory ...

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

Where the Southwest Virginia Higher Education Center eliminated the CFO position to meet a budget reduction mandated by then-Gov. Terry McAuliffe, and not because of the plaintiff’s complaints, the defendants’ motion for summary judgment on the whistleblower and retaliation claims ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where it was demonstrated that the discipline levied upon the plaintiff was because of his violations of company policies, and not because of his race, color or prior complaints, there was no unlawful discrimination, retaliation or a hostile work environment. ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

Where the defendants swiftly investigated the one incident of a noose in the workplace, retrained staff and promptly sought to accommodate the plaintiff with new housing or relocation, the plaintiff could not establish race discrimination or a hostile work environment. ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

Although the plaintiff alleged the dean of the University of Richmond School of Arts and Sciences caused her to resign as associate dean, her allegations were insufficient to plausibly show a hostile work environment or gender discrimination. She may, however, ...

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

Where a CFO was sued by employees for assault and battery and the company for hostile work environment, the employees’ claims can go forward. Numerous other claims however, were dismissed, as was an attempt to hold the company liable for ...

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

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support ...

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

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a ...

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