Where a delay in filing motions did not prejudice the plaintiff, an employer did not waive its right to compel arbitration in a discrimination suit. Background Smiley, a 50-year-old white man, worked for Forcepoint as a salesman. He says that ...

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

Because a school superintendent’s production of documents waived the right of privilege on records produced before a certain date, a former employee claiming gender-based wage bias may review them. Background In this action by a former public school employee claiming ...

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

A workplace discrimination lawsuit made by an openly gay female former deputy chief of the Bedford Police can go forward, a Lynchburg federal judge has ruled, finding that the claim was based on her sex, making a member of a ...

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

Employees settled Fair Labor Standards Act claims regarding overtime pay after the court required removal of “unreasonable” provisions on confidentiality and liquidated damages. Background On July 14, 2015, plaintiff Wayne Brockman filed his initial complaint against defendants Keystone Newport News ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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

Where a company sponsored the plaintiff’s visa, paid his salary and claimed him on federal and state employment forms, it can be deemed a joint employer for the purposes of the man’s plaintiff’s Americans with Disabilities Act and Family and ...

Tagged with: Employment Discrimination Judge Liam O'Grady U.S. District Court - Eastern District

Where a plaintiff  failed to exhaust his administrative remedies, to timely file his complaint and to properly plead claims, his complaint is dismissed. Background Plaintiff is a 46-year old African-American man who suffers from osteoporosis in his hips and sleep apnea. ...

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

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

In the absence of guidance from the 4th U.S. Circuit Court of Appeals on the issue, a person who is not actually disabled may maintain certain claims under the Americans with Disabilities Act. Background John Hurd has a medical history ...

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