Narendra and Paul file amicus brief with Fourth Circuit Court of Appeals in civil rights dispute

In Hunter v. Town of Mocksville, Patterson Harkavy attorneys Narendra Ghosh and Paul Smith co-authored an amicus brief filed in the Fourth Circuit Court of Appeals on behalf of the North Carolina Advocates for Justice and the National Association of Police Organizations.  The case raises important issues about when a municipality can be held liable

Fourth Circuit discusses employers’ duty to combat hostile work environments created by third parties

Yesterday, the Fourth Circuit Court of Appeals ruled in favor a plaintiff filing suit over a racially hostile work environment.  The opinion contains an important discussion of employers’ responsibility to combat hostile work environments created by anonymous third parties. The plaintiff in the case, an African American flight attendant with United Airlines, received an anonymous racist

Fourth Circuit expands protections for harassment victims

Yesterday afternoon, the Fourth Circuit issued an en banc decision supporting the rights of workplace harassment victims.  See Boyer-Liberto v. Fountainebleau Corporation, No. 13-1473 (May 7, 2015).  The opinion offers important insight into what level of harassment is sufficient to support a claim over a hostile work environment, the scope of victims’ protections when they

Mike and Narendra Secure Fourth Circuit Victory for Union

The Fourth Circuit Court of Appeals ruled in favor of Patterson Harkavy’s client in Int’l Bhd. of Elec. Workers, AFL-CIO, Local Union No. 289 v. Verizon S., Inc., No. 12-2013, 2013 WL 3770706 (4th Cir. July 19, 2013). The case arose from a dispute surrounding Verizon’s termination of employee Brian Pollard.  Verizon sought to avoid arbitration

The 4th Circuit CoA Ruled that the EEOC could be Estopped in an ADA Enforcement Action

In EEOC v. Greater Baltimore Medical Center, Inc., Michael Turner was a unit secretary at GBMC who suffered multiple serious health conditions in 2005 that first required hospitalization in January 2005.  He was out of the work for most of the year and then suffered a stroke in December 2005.  That month he filed an application for

The 4th Circuit CoA Holds that Discrimination in the Offers of Severance Agreements can be Actionable Under Title VII

In Gerner v. County of Chesterfield, Karla Gerner was a twenty-five employee of the county whose position was eliminated in a reorganization.  She was offered a severance agreement that included three months of pay, which she rejected.  The county then terminated her without any severance.  She filed suit under Title VII, alleging sex discrimination in that male

4th Circuit CoA Examines Faragher-Ellerth Defense

In Dulaney v. Packaging Corp. of America, Carla Dulaney started working for PCA in 2006 on as assembly line position.  The “lead production worker” was Bobby Mills, who had a number of supervisory powers.  In November 2006, Mills effectively promoted Dulaney from a probationary to permanent position.  The next month, he began repeatedly demanding quid pro

4th Circuit Rejected the ADA Claim for a Medical Student with ADHD

In Halpern v. Wake Forest University Health Sciences, Ronen Halpern was enrolled in Wake Forest’s Doctor of Medicine program from July 2004 to March 2009.  Halpern has been diagnosed with ADHD and anxiety disorder, both of which he treats with prescription medications.  Halpern’s difficulties with professionalism began almost immediately after his arrival at the Medical School and