» Fourth Circuit

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

Fourth Circuit Affirms Protected Concerted Activity Claim

November 3rd, 2011
The Fourth Circuit Court of Appeals recently decided NLRB v. White Oak Manor, a case involving an employee’s protected concerted activity, ruling in favor of the NLRB who sought to enforce an order in favor of the employee. The employee, who wa… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Concerted Activity, Fourth Circuit, Labor and Employment, NLRA, NLRB, Retaliation

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

4th Circuit Examines FLSA’s Anti-Retaliation Provision

August 22nd, 2011
In Dellinger v. Sci. Applications International Corp., Natalie Dellinger sued her former employer, CACI, Inc., in July 2009 for alleged violations of the FLSA’s minimum wage and overtime provisions. Around the same time, she applied for a job with… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, FLSA, Fourth Circuit, Labor and Employment

4th Circuit Reverses District Court's Grant of Summary Judgement in Sexual Harassment Case

August 16th, 2011
In Okoli v. City of Baltimore, John P. Stewart was the director of Baltimore’s Commission on Aging and Retirement (“CARE”) and served in the Mayor’s cabinet. In June 2004, Stewart hired Katrina Okoli, an Africa-American woman, to serve as his… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, Retaliation, Sexual Harassment

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

Fourth Circuit Decision on Labor Board Procedure

February 24th, 2011
The Fourth Circuit published an opinion in National Labor Relations Board v. Interbake Foods concerning the proper procedure for the Board in evaluating claims of privilege. The Court held that the Labor Board can itself evaluate claims of privilege… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Fourth Circuit, Labor and Employment, National Labor Relations Board, Privilege, Subpoena

Fourth Circuit Rules USERRA Retaliation Claim Can Go To Trial

February 14th, 2011
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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Categories: Judicial Decisions
Tags: Case Commentary, Discrimination, Fourth Circuit, Labor and Employment, Police, Retaliation, Summary Judgment, USERRA
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