» Discrimination

Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

In Fatta v M & M Properties Management, Inc. the North Carolina Court of Appeals heard an appeal by a pro se plaintiff of the trial court’s granting of summary judgement. Plaintiff worked for the company in one of their hotels as a property… Read More
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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… Read More
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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 Am… Read More
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Fourth Circuit Supports Sex Harassment and Retaliation Claims

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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Supreme Court Issues Important Decision in Discrimination Case

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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Patterson Harkavy Defeats Summary Jugment in Sexual Harassment Case

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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Fourth Circuit Rules USERRA Retaliation Claim Can Go To Trial

In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim. USERRA is a federal statute that protec… Read More
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EEOC Issues New GINA Regulations

On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the employment-related provisions in Title II of the Genetic Information Non-Discrimination Act of 2008 (GINA). Details on the new regul… Read More
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Issues Raised by New Types of Workplace Drug Testing

This New York Times article discusses an important employment issue that may become more prevelant: whether and how employers may test and discipline employees for using legal prescription drugs. As the article relates, drug testing like this is regu… Read More
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Fourth Circuit Rules for Sexual Harassment Victim

The Fourth Circuit has issued another good decision in favor of employees who are sexually harassed in EEOC v. Fairbrook Medical Clinic. This case involves a family medicine practice in Hickory, North Carolina. Here’s the summary: “The Eq… Read More
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