» Title VII

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

March 26th, 2012
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… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Discrimination, Fourth Circuit, Labor and Employment, Title VII

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

February 7th, 2012
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 diminish… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, Title VII

4th Circuit CoA Ruled that Federal Employees are Barred from Bringing Title VII Suits in State Court

February 2nd, 2012
In Bullock v. Napolitano, Willie Bullock was a former employee in the federal air marshal program and sued the Department of Homeland Security for racial discrimination under Title VII. He filed suit in North Carolina superior court and the defendant… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, North Carolina, Title VII

Title VII’s Religious Entity Exemption at Issue Before 4th Circuit CoA

September 30th, 2011
In Kennedy v. St. Joseph’s Ministries, Inc., Villa St. Catherine is a tax-exempt religious organization that operates a nursing care facility under the direction of the Daughters of Charity, a religious order within the Roman Catholic Church, and m… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, Title VII

Fourth Circuit Rejects FLSA Retaliation Claim for Job Applicant

August 28th, 2011
The Fourth Circuit recently issued a troubling 2-1 decision in Dellinger v. Science Applications International Corp. The majority (Judges Niemeyer and Keenan) held that under the anti-retaliation provision for the Fair Labor Standards Act (FLSA, the… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, FLSA, Fourth Circuit, Labor and Employment, Retaliation, Title VII

Fourth Circuit Supports Sex Harassment and Retaliation Claims

August 15th, 2011
The Fourth Circuit recently issued an excellent decision in Okoli v. City of Baltimore. This case presents claims under Title VII action for sexual harassment and retaliation (termination) for reporting the harassment. Amazingly, the trial court dism… Read More
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Categories: Judicial Decisions
Tags: Appeals, Articles, Case Commentary, Discrimination, Fourth Circuit, Labor and Employment, Retaliation, Sexual Harassment, Title VII

Supreme Court Issues Important Decision in Discrimination Case

March 3rd, 2011
In Staub v. Proctor Hospital, the US Supreme Court just issued an important unanimous decision in this military-service-based discrimination case. This case concerns the so-called “cat’s paw” theory of liability, under which one sup… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Cat's Paw, Discrimination, Labor and Employment, Military Discrimination, Race Discrimination, Sex Discrimination, Title VII, US Supreme Court, USERRA

Patterson Harkavy Defeats Summary Jugment in Sexual Harassment Case

February 28th, 2011
In the case of Pascoe v. Furniture Brands International, Judge Frank Whitney in the Western District of North Carolina denied the defendants’ motion for summary judgment on plaintiff’s claims of sexual harassment today. The case will now… Read More
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Categories: Judicial Decisions, News of the Firm
Tags: Ann Groninger, Briefs, Discrimination, Joshua Van Kampen, Judge Whitney, Labor and Employment, Results, Sexual Harassment, Summary Judgment, Title VII, Western District of North Carolina

Supreme Court Endorses Associational Retaliation Claim

February 8th, 2011
Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The a… Read More
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Categories: Judicial Decisions
Tags: Associational Retaliation, Case Commentary, Labor and Employment, Retaliation, Sex Discrimination, Title VII, US Supreme Court

EEOC Sees Increase in Discrimination Claims

January 29th, 2011
In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair… Read More
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Categories: General News
Tags: ADA, ADEA, Credit History, Disability Discrimination, Disparate Impact, EEOC, Equal Pay Act, GINA, Labor and Employment, Retaliation, Title VII
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