Dicta from the Fourth Circuit that Title VII doesn’t cover discrimination based on sexual orientation is questionable, but the plaintiff failed to plead sufficient facts to state claims against Virginia Tech. Background Brian Jones, who is openly gay, began working ...

Tagged with: Employment Discrimination Judge Robert S. Ballou U.S. District Court - Western District

Plaintiff failed to prove that her sexual harassment claim or testimony in a deposition, both protected activities, were the ‘but for’ cause of her being put on a performance improvement plan and termination. Background Plaintiff Nevada Storm was an employee ...

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

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

Tagged with: Employment Discrimination Judge Jackson L. Kiser U.S. District Court - Western District

The district court held that Baltimore County violated the Age Discrimination in Employment Act, but denied the EEOC’s request for back pay damages, concluding it had discretion to deny a request for such damages. The 4th Circuit disagreed, holding that ...

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

Former school supervisor established a prima facie case of equal pay discrimination, when compared to her predecessor and successor, requiring jury to assess the School Board’s reasons for pay disparity. Background Debra Colley was employed by the Dickenson County School ...

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

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

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

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

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

A plaintiff’s hostile-work-environment claim against his employers can proceed to trial. The plaintiff presented evidence of severe and pervasive harassing conduct based on sex, with no response by their supervisor. Despite firing both the harasser and the supervisor, the defendants ...

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

As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

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

The plaintiff, a former executive, survives summary judgment on several claims arising from her treatment by the company’s CEO during and after a volatile intimate relationship involving threats and abusive behavior. Her husband’s separate claim for Title VII retaliation can ...

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