A Richmond police officer’s allegations that he was retaliated against after complaining about being denied a promotion for discriminatory reasons have survived the city’s motion to dismiss. The Eastern District of Virginia found the officer had sufficiently alleged a violation ...

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

A lawsuit alleging discrimination and wrongful termination lodged by a former executive of a Southwest Virginia bank against her previous employer was dismissed by a federal judge last month. Senior U.S. District Judge James P. Jones of the U.S. District ...

Tagged with: Employment Law Judge James P. Jones U.S. District Court - Western District wrongful termination

A man’s gender-based wrongful termination claim has survived summary judgment because the company CEO’s alleged role in his firing provided direct evidence of discriminatory motive. The plaintiff alleged that during his employer’s investigation of sexual harassment complaints against him, the ...

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

A former human resources director’s retaliation claim survived his former employer’s motion to dismiss after the U.S. District Court for the Eastern District of Virginia determined that the plaintiff’s allegations “sufficiently allege materially adverse employment actions.” The defendant, Norfolk State ...

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

A series of insults and racially charged jokes described in a race discrimination lawsuit were enough to move a former employee’s lawsuit forward in Roanoke federal court last month. U.S. District Judge Thomas T. Cullen denied a motion to dismiss ...

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

An employer was granted summary judgment against hostile work environment and retaliation claims filed by a former employee who reported sexual harassment by a co-worker but admitted she leveraged an offensive video to “elicit a cash payment” from the harasser. ...

Tagged with: Employment Law Judge Patricia Tolliver Giles U.S. District Court - Eastern District

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Law Fair Labor Standards Act Judge James A. Wynn Jr. Overtime pay

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