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Employment Discrimination

Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII

A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII.  Back v. Commonwealth of Virginia, et al., […]

Employer’s Sloppy Investigation Leads to Trial on Discrimination Claim

A federal court in Pennsylvania recently ruled that an African American mine worker who faced several instances of racist epithets and imagery at the work site produced sufficient evidence to overcome the mining company’s motion for summary judgment.  Robinson v. Consol Pennsylvania Coal Company, LLC, No. 2:18-cv-00555-NR (W.D. Penn. 11/27/19) Robinson worked for Consol Pennsylvania […]

Failure to Hire Claim May Go to a Jury After Court Doubts Employer’s Assertions

The U.S. District Court for the District of Maryland recently ruled that a former employee of the Washington Metropolitan Area Transit Authority (WMATA) may proceed with trial in his race and national origin discrimination case against the transit service agency based, in part, on several of the employer’s questionable assertions concerning their hiring process.  Thomas […]

Virginia School Teacher Fails to Prove Discrimination

An Arlington County  pre-kindergarten school teacher saw his claim of gender discrimination rejected by a federal court  when the County did not renew his contract due to poor performance.  In Ostrem v. Arlington County School Board, Judge Hilton of the United States District Court for the Eastern District of Virginia granted summary judgment to the […]

Maryland Federal Court Finds Employee’s Reassignments Not Adverse Employment Action

The U.S. District Court for the District of Maryland recently denied relief to an employee of the Wicomico County Department of Corrections (WDCD) who claimed that she faced unlawful discrimination via several department reassignments and disciplines.  Passwaters v. Wicomico County, No. 1:18-CV-02923 (D. Md. 11/27/19). Passwaters worked as a Correctional Officer for WCDC.  She was […]

Court Rejects Virginia Tech’s Argument That EEOC Acted Too Quickly in Dismissing EEOC Charge

As most parties who have been before the EEOC know, it can often take many months, if not years, for the agency to complete its investigation of a charge of discrimination.  However, there are times where the EEOC moves very quickly to dismiss a charge.  That is exactly what happened earlier this year in a […]

Employer’s Departure from Job Description Can Be Evidence of Pretext

Job descriptions are important tools in a variety of ways.  What an employer puts (or doesn’t put) on a job description can make a big difference when defending an employment action down the line.  For one, a job description can help employers satisfy ADA obligations by properly identifying a job’s essential functions and distinguishing them […]