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Tag Archives: Judge Claude M. Hilton

USPS prevails in discrimination suit (access required)

Where a current postal employee failed to identify similarly situated employees who were treated differently, failed to prove a causal connection between his protected activity and adverse employment action and failed to rebut the United State Postal Service’s legitimate reasons ...

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Employee’s poor performance dooms bias claims (access required)

Where the evidence showed the employee’s unprofessional behavior and poor performance failed to meet the legitimate expectations of her employer, the employer prevailed on claims of religion, sex, age and disability discrimination. Background Plaintiff worked for defendant between 2009 and ...

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Ex-employee must return data, no damages for company (access required)

Where a company did not show it was damaged by an employee who breached his employment contract by retaining company documents after his termination and was ordered to return them, the company recovered no monetary damages. Background Defendant Christopher Steinke ...

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Company did not discriminate or retaliate against employee (access required)

Where it was demonstrated that the discipline levied upon the plaintiff was because of his violations of company policies, and not because of his race, color or prior complaints, there was no unlawful discrimination, retaliation or a hostile work environment. ...

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Noose in workplace was isolated incident (access required)

Where the defendants swiftly investigated the one incident of a noose in the workplace, retrained staff and promptly sought to accommodate the plaintiff with new housing or relocation, the plaintiff could not establish race discrimination or a hostile work environment. ...

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Sex offender statute does not violate Constitution (access required)

Although the plaintiff argued the Virginia Sex Offender and Crimes Against Minors Registry violated both the Ex Post Facto and Due Process provisions of the United States Constitution, the court held the statute survived these constitutional challenges. Background In January ...

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Chef’s disability benefits ended due to ability to work in another field (access required)

Where medical testing demonstrated that a chef was capable of performing work in three alternative occupations with an earning capacity of at least 60% of what he had earned, an insurance company properly ended his disability benefits offered by his ...

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Accrediting council not liable for school’s denial (access required)

An accrediting council did not violate due process, breach a contract or engage in tortious interference when it denied an application for renewal of accreditation filed by a West Virginia business. Background West Virginia Business College Incorporated, or WVBC, and ...

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