A former Richmond Public Schools teacher can move forward on her Title VII claim for race discrimination against the school district, a federal court judge has ruled. U.S. District Judge John A. Gibney Jr. determined that the teacher made sufficient ...

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

A nursing employee’s claims that her former employer violated the Americans with Disabilities Act, or ADA, by failing to accommodate her disability survived a motion to dismiss filed by the employer. A motion to dismiss by an individual defendant in ...

Tagged with: Americans with Disabilities Act Employment Law Judge John A. Gibney Jr. U.S. District Court - Eastern District

Unpredictable, debilitating migraine headaches alleged by a former employee are enough to support a wrongful termination claim under the Americans with Disabilities Act, according to a ruling from an Abingdon federal judge. The plaintiff contends her stroke-like headaches left her ...

Tagged with: Americans with Disabilities Act Employment Law Judge James P. Jones U.S. District Court - Western District

A federal court denied a Virginia school board’s motion for summary judgment in a Title VII case alleging gender-based discrimination in pay. The case, Barnett v. Roanoke County School Board, will now proceed to trial. United States District Judge Thomas ...

Tagged with: Employment Law Gender discrimination Judge Thomas T. Cullen U.S. District Court - Western District

An employee who filed an employment discrimination claim against his former employer was prejudiced when the company failed to respond to discovery despite repeated motions and court orders. U.S. District Judge Roderick C. Young rejected the defendant’s argument that discovery ...

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

A non-compete between a recruiting company and its former senior talent acquisition manager is enforceable, but the company lost its bid for a preliminary injunction because it failed to show all four necessary elements, a Fairfax Circuit judge has ruled. ...

Tagged with: Employment Law Judge Robert J. Smith Noncompete agreements Virginia Circuit Courts

Much attention has been placed on efforts at the federal level to control the spread of COVID-19 in the country’s workplaces, including President Joe Biden’s announcement in early September that workplaces of more than 100 workers would have to require ...

Tagged with: COVID-19 Employment Law

An employee’s retaliation suit against the supervisor he claimed made repeated comments about his protected activity was dismissed improperly, according to a 4th U.S. Circuit Court of Appeals panel. The panel said the district court erred when it dismissed the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Law retaliation

An employer said an employee agreed to arbitrate employment-related claims against the company, but the employee denied signing any such agreement. Now, a jury must decide if an agreement to arbitrate was reached. U.S. Magistrate Judge Pamela Meade Sargent of ...

Tagged with: Arbitration Employment Law Judge Pamela Meade Sargent U.S. District Court - Western District

Employers may be surprised to learn they could be liable for wages for an employee who does not directly work for them. Under the Fair Labor Standards Act, or FLSA, and state wage and hour laws, joint employers can be ...

Tagged with: Employment Law Fair Labor Standards Act Joint employer