Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

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

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

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

A longtime employee who was terminated after being repeatedly counseled about safety and cleanliness issues failed to show the termination was because of his race or age. Instead, the court held the termination was for legitimate business reasons. Background Gary ...

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

Where an employer brought a breach of contract action against an employee only two months after the employee filed a discrimination charge with the Equal Employment Opportunity Commission, the employee had a counterclaim for retaliation under 42 U.S.C. § 1981, but ...

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

Employee’s denial of tenure was insufficient to constitute a deprivation of liberty, and the employee’s claims that the denial constituted discrimination and retaliation based on his disability were time-barred because they were not filed within one year after the denial. ...

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

Where an employer brought a breach of contract action against an employee only two months after the employee filed a discrimination charged with the Equal Employment Opportunity Commission, the employee had a counterclaim for retaliation under 42 U.S.C. § 1981, but ...

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

A university medical school and two doctors did not discriminate, retaliate or subject the plaintiff doctor to a hostile work environment. Background Afraaz R. Irani filed suit against Palmetto Health; the University of South Carolina School of Medicine; David E. ...

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

A university professor who alleged she was paid less than male colleagues failed to persuade the court the difference in pay was due to her gender. Instead, the court held the difference was based on legitimate factors, including different job ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

Although there is a split among circuits that have addressed whether an employee who rejects her supervisor’s advances and is later terminated states a claim for retaliation under Title VII, and Fourth Circuit has never decided the issue, the court ...

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

An employer that withdrew a job offer to a prospective employee after a physical revealed that the prospective employee had a body mass index that qualified as obese did not violate the Americans with Disabilities Act where the employer was ...

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