An employee cannot break the law in order to collect evidence in support of a workplace discrimination lawsuit, a 4th U.S. Circuit Court of Appeals panel unanimously ruled Nov. 15. Judge Diana Motz wrote that for an employee’s actions to be ...

Tagged with: Guilford County sheriff's office Title VII U.S. 4th Circuit Court of Appeals

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

Tagged with: Title VII

Hernandez v. Fairfax County (Lawyers Weekly No. 006-003-18, 11 pp.) (Per Curiam) No. 17-1152, Jan. 30, 2018; EDVA at Alexandria (Trenga, J.) 4th Cir. Holding: A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s complaints of harassment and ...

Tagged with: Title VII

A counselor allegedly fired for helping another employee report sexual harassment can go forward with his Title VII claim against his former employer, the 4th U.S. Circuit Court of Appeals recently held, overruling the district court and finding that the ...

Tagged with: Title VII

Employment lawyers may be recalibrating what it takes to get into federal court on a Title VII retaliation claim in the wake of a May 7 decision by a divided 4th U.S. Circuit Court of Appeals. Employers have found sanctuary ...

Tagged with: Title VII

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 Circuit vacates summary judgment for the employer.

Tagged with: Civil Rights defamation Labor & Employment Sex Discrimination Sexual Harassment Title VII

Laredo v. CRST Malone, Inc. Where, if defendants had hired plaintiff, she would have been an independent contractor, plaintiff does not have a failure-to-hire claim under Title VII. Defendants’ motion for summary judgment is granted as to plaintiff’s Title VII claim. Plaintiff’s state-law emotional distress claim is dismissed without prejudice. Whether a party was or would have been an independent contractor is a question of law.

Tagged with: Civil Rights independent contractor Labor & Employment Title VII

Sturdivant v. City of Salisbury. (Lawyers Weekly No. 11-03-0099, 22 pp.) (L. Patrick Auld, USMJ.) M.D.N.C. Holding: In a case in which a municipal bus driver failed a drug test following an accident, a Title VII discrimination claim cannot be ...

Tagged with: Civil Rights Labor & Employment Title VII Wrongful Discharge

Prince Parker v. Miller & Long Construction Co., Inc. (Lawyers Weekly No. 11-02-0088, 4 pp.) (Dever, III, J.), USDC for the Eastern District of North Carolina, Western Division, No. 5:10-CV-282-D, Prince Parker Pro Se. Click here for the full text ...

Tagged with: Civil Rights Constitutional Motion to Dismiss Title VII

Henry Johnson Williams v. Georgia Pacific Corporation; Rex Hiers; and Kelly Palmer. (Lawyers Weekly No. 11-02-0058, 4 pp.) (Flanagan, J.), USDC for the Eastern District of North Carolina, Southern Division, No. 7:10-CV-103-FL, December 29, 2010, Memorandum and Recommendation of Magistrate ...

Tagged with: Administrative Civil Rights Constitutional Title VII