White v. Va. Bd. for People with Disabilities

The plaintiff has stated plausible claims under the ADA that her employer, the Virginia Board for People with Disabilities, retaliated against her for advocating for people with disabilities.

The plaintiff, who worked for the Board since 2007, has cerebral palsy. She says that the defendants promoted a less qualified person without a disability, even thought the plaintiff received positive performance evaluations. She also alleges that, on multiple occasions, the defendants unfairly scrutinized, criticized, and micromanaged her. These allegations sustain the plaintiff’s failure-to-promote and wrongful-termination claims under the ADA.

Her retaliation claim is supported by the close temporal relationship between her firing and her criticism of small fonts on Board documents and a liability waiver to be signed by people with disabilities.

Motion to dismiss granted in part and denied in part.

White v. Va. Bd. for People with Disabilities, No. 3:18cv360, Feb. 1, 2019. EDVA at Richmond (Gibney).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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