Employment

Gardner v. Shulkin

In this employment discrimination case, the court will not dismiss the plaintiff’s claim for discrimination based on “color” even though her EEOC charge cited only sex, race, and disability discrimination. During the administrative investigation, the plaintiff frequently cited her dark… Read More ›

Minke v. Page County, Va.

In this employment suit brought by a former county employee, the Virginia Freedom of Information Act doesn’t create a separate privilege allowing the County to refuse to produce discovery pursuant to Federal Rule of Civil Procedure 26. The Virginia General… Read More ›

Kuntze v. Josh Enters. Inc.

In this wage-and-hour case, 4th Circuit precedent suggests that the half-time calculation of the “fluctuating workweek” payment method can apply to calculate damages in willful misclassification cases if all requirements for its application are satisfied. However, it would be premature for… Read More ›

Wheeler v. Commonwealth

A reasonable jury could find that the the plaintiff, a former employee of the Virginia Alcoholic Beverage Control Board, suffered an objectively hostile or abusive work environment. Her manager engaged in unwanted physical contact on multiple occasions when he and… Read More ›

Hannah P. v. Coats (P)

The district court correctly held that an employer was entitled to summary judgment as to an employee’s Rehabilitation Act discrimination claim and FMLA retaliation claim, arising from the employer’s decision not to hire her for a permanent position. However, the… Read More ›

Fijalkowski v. Wheeler

Police are entitled to qualified immunity as to the plaintiff’s claim that they exacerbated a dangerous situation – namely, the plaintiff’s psychotic episode in which he submerged himself underwater at the pool where he worked. Under the state-created danger doctrine,… Read More ›