Where an Indian doctor alleged that she was denied privileges because of her race, but her complaint contained only vague and conclusory allegations that the hospital denied other physicians of Indian descent clinical privileges before or had a different peer ...

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

Where a government employee’s position demanded at least some consistent, predictable attendance, her excessive absenteeism meant she was no longer able to perform her job. Background Janet O’Meara asserts four claims under the Rehabilitation Act of 1973: disability discrimination, retaliation, ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a field representative who was terminated from a private book fair company asserted constitutional claims under 42 U.S.C. §§ 1983, 1985 and 1986, the company’s motion to dismiss was granted because it wasn’t a state actor. Background Plaintiff alleges ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a manager made an “amorphous” mention of possible wage law violations and attempted to introduce pay incentives and a bonus program to combat low employee morale, his conduct was not “protected activity” under the Fair Labor Standards Act. Background ...

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

Where an employee of the Office of the Director of National Intelligence, or ODNI, gave sufficient notice that she was requesting leave to treat a serious medical condition, but she was forced to use annual leave because ODNI failed to ...

Tagged with: Employment Discrimination Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a battalion fire chief alleged he was terminated because of his age, but the record showed he was fired after he made an unauthorized purchase of a “brush truck,” the county was awarded summary judgment. Background Botetourt County hired ...

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

Where a skilled nursing facility employee alleged her medical issues prevented her from pulling, pushing and tugging on patients, but that she could perform the essential functions of wound care coordinator if given reasonable accommodation, her disability discrimination claim survives ...

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

Where a Black teacher alleged a school principal elevated her teaching assistant over her while not interfering in the relationship between other white teachers and their assistants, she plausibly alleged a claim for race discrimination. Background Sherie Ashanti, a Black ...

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

Where a graduate research assistant alleged that the University of Virginia retaliated against him after he complained about his advisor’s conduct, but there was almost one year between his complaint and the next alleged adverse action, and it was nearly ...

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

Where there was “conflicting and inconsistent evidence” about why a female school science supervisor was paid less than a male comparator, a jury will decide whether the school board discriminated based on her gender. Background Erin Barnett, the supervisor for ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District