Where a former Tyson Farms employee alleged her supervisor exposed himself to her without her consent, she was allowed to amend her complaint to sue him for assault and battery and intentional infliction of emotional distress. Background On Dec. 23, ...

Tagged with: Employment Discrimination Judge Roderick C. Young U.S. District Court - Eastern District

Where a female employee alleged Walmart did not select her as the photo lab manager because of her gender, the record showed the successful male candidate had prior management and leadership experience, while she did not. Background Beatrice Quirk, a ...

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

Where a male police officer alleged he was terminated based on his sex because the female officer with whom he was romantically involved was not fired, the jury’s $125,000 verdict was overturned as the alleged comparator was not similarly situated. ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Barbara Milano Keenan

An employer defending an Equal Pay Act claim can point to prior salary as a factor other than sex that explains the pay differential between the employee and their alleged comparators. Background The four named plaintiffs and the defendant, the ...

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

Where the former line mechanic for a power company could no longer perform the essential functions of his position because of his shoulder injury and restrictions associated with his surgery, his failure to accommodate claim failed as a matter of ...

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

Where the former employee alleging race bias and retaliation signed an agreement at the inception of his employment that contained a “conspicuous” jury waiver, had an opportunity to consult with counsel and the parties’ bargaining position was not too disparate, ...

Tagged with: Employment Discrimination Judge David J. Novak U.S. District Court - Eastern District

In a case of first impression, the court held that where an employer transfers an employee from a position they could perform if provided with reasonable accommodations to a position they do not want, that could support a failure-to-accommodate claim. ...

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

Where a longtime Walmart employee alleged she was the victim of “promotional discrimination” based on her sex, but the record showed she never applied for the management training program despite being urged to do so by her supervisors, Walmart prevailed ...

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

Where the former employee voluntarily retired, the bank prevailed on the claim under the Age Discrimination in Employment Act because there was no adverse employment action. Background At issue in this Age Discrimination in Employment Act of 1967, or ADEA, ...

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

Where a teacher’s emails accused a co-worker and students of participating in a “coordinated effort” of taking unauthorized pictures and raised conspiratorial beliefs about surveillance by school employees, he was placed on administrative leave and required to undergo a fitness ...

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