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Arbitrator awards $1.6M for institutional bias at Morgan Stanley
In what plaintiff’s counsel called one of the more significant arbitration employment law awards in North Carolina, global financial services provider Morgan Stanley was ordered to pay more than $1.6 million after being found liable for sex and age discrimination against a 51-year-old, white, male plaintiff. The ruling came after several years of arbitration and […]
Labor & Employment – Sex Discrimination – Hostile Environment Claim – ‘But for’ Plaintiff’s Sex
Even if the male defendants made unwelcome comments to the male plaintiff on a frequent basis, and even if defendant Grady exposed himself to plaintiff on a number of occasions, plaintiff does not allege sufficient facts to show that acts committed against him would not have been made “but for” his being male. The court […]
Labor & Employment – Civil Rights – Sex Discrimination – Attorney’s Fees & Declaratory Judgment – Failure to Promote – No Damages
Pitrolo v. County of Buncombe Since plaintiff’s main objective was a damages award, which she did not receive, and since no greater public purpose has been served by this lawsuit, plaintiff is not entitled to an award of attorney’s fees.
Labor & Employment – Civil Rights – Sex Discrimination – Hostile Environment & Retaliation Claims – Isolated Incidents – Poor Performance
Rivers v. Time Warner Cable Inc. Where plaintiff alleged only isolated incidents of non-sexual inappropriate behavior by her superior, she failed to allege a hostile work environment.
Labor & Employment – Sex Discrimination – Severance Pay Claim – Lay Off
Gerner v. County of Chesterfield, Va. Reversing the trial court, the 4th Circuit says a female county employee laid off after 26 years on the job can sue under Title VII on a claim that she was offered a less favorable severance package than that offered to male employees who held similar positions.
Labor & Employment – Civil Rights – Title VII — Sex Discrimination – Sexual Harassment – Stalking & Threats — Defamation
Dulaney v. Packaging Corp. of America A female production worker at a Roanoke packaging plant who alleges the male employee who supervised her shift sexually harassed her by stalking her, threatening her with disciplinary action if she did not have sex with him and told other employees she was a “whore” and had a sexually transmitted disease, can pursue her Title VII claim, as the 4th[...]
Labor & Employment – Civil Rights – Sex Discrimination – Civil Practice – Class Action
Scott v. Family Dollar Stores, Inc. Where the complaint alleges that plaintiffs were discriminated against based on their gender as a result of subjective decisions made at the local store level, they cannot satisfy the commonality requirement of Fed. R. Civ. P. 23(a). Defendant’s motion to dismiss plaintiffs’ class action claims is granted. Plaintiffs allege that defendant disc[...]
Labor & Employment – Sex Discrimination – Hostile Environment Claim
Hoyle v. Freightliner LLC. (Lawyers Weekly No. 11-01-0355, 25 pp.) (Davis, J.) No. 09-2024, April 1, 2011; USDC at Charlotte (Mullen, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit vacates summary judgment for defendant Freightliner in this Title VII hostile environment suit filed by a female tractor-trailer […]
Federal or state? Employment lawyers have strong preferences on venue
An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal court. It’s not exactly forum-shopping – either side has the right to have the case […]
Labor & Employment – Race & Sex Discrimination – Police Academy – Sexual Harassment – Hostile Environment
Mosby-Grant v. City of Hagerstown (Lawyers Weekly No. 10-01-1238, 21 pp.) (Gregory, J.) No. 09-2161, Dec. 20, 2010; USDC at Baltimore (Legg, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit reverses summary judgment for the city on an African-American female police recruit’s sexual harassment claim, but affirms […]
Bar continues debate on non-discrimination preamble
The Ethics Committee of the State Bar considered a controversial amendment to the preamble to the Rules of Professional Conduct at its quarterly meeting late last week in Pinehurst. The original amended language provided that a lawyer, "[w]hile employed in a professional capacity ... should avoid knowingly manifesting through word or deed or bias or prejudice based upon a person's race, gender,[...]
Labor & Employment – Sex Discrimination – Hostile Environment – Physicians’ Practice
EEOC v. Fairbrook Medical Clinic P.A. (Lawyers Weekly No. 10-01-0592, 18 pp.) (Wilkinson, J.) No. 09-1610, June 18, 2010; USDC at Statesville (Voorhees, J.) 4th Cir. Holding: A male physician who was sole owner of his medical clinic must face trial on a female physician and former employee’s complaint of hostile work environment arising from […]
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Commentary
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- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
