After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

Tagged with: Administrative Civil Procedure Employment Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

In an age discrimination suit, a federal court struck the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field, but no reliable principles or methods cited. Background Plaintiff Angela Georges ...

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

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

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

A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s ...

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

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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

A veteran waived his right to bring USERRA claims against his employer by signing a general release in a severance agreement, but further inquiry was necessary as to how the consideration for this release compared to benefits he would have ...

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

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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

Despite his supervisor’s racially-tinged comments, a VDOT employee’s termination was not plausibly connected to racial or religious discrimination but was instead the result of unsatisfactory performance. Background Appellant Sinan Rayyan is a Muslim Arab-American who worked as a professional engineer ...

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