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

The 4th Circuit CoA Reversed the Granting of Summary Judgment to the employer, Finding Merit in a Claim of Discriminatory Discharge

In Burgess v. Bowen, Denise Burgess, an African American female, worked as an executive for the Special Inspector General for Iraq Reconstruction (“SIGIR”).  Burgess had requested an administrative assistant be hired for her and another African American woman, Patricia Redmon, was hired.  Ginger Cruz a former employee of SIGIR came back to the agency and was installed

4th Circuit Rules that Internal Complaints are Protected Activities Under FLSA’s Anti-Retaliation Provision

In Minor v. Bostwick Laboratories, Inc., Kathy Minor was hired by Bostwick Laboratories as a medical technologist on December 24, 2007.  She received satisfactory or above average ratings at her only performance review on April 30, 2008, just twelve days before her firing.  On May 6, 2008, Minor and several co-workers met with Bostwick’s chief operating

4th Circuit CoA Rules on Attorneys Fees in Unsuccessful Title VII Suit

The EEOC v. Great Steaks, Inc., EEOC accused Great Steaks of subjecting female employees to a sexually hostile work environment.  Although at the start of the case the EEOC asserted its claim on behalf of seven or eight claimants, that number diminished to just one by trial.  After a three-day trial, the jury rendered a verdict