201412.01
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Your automatic email acknowledgement may be used as evidence against you in a court of law.

Wilson v. Dollar General Corporation, et al., Case No. 4:14-cv-00033 (W.D.Va. November 30, 2014). We wrote about Lamont Wilson’s termination from his job at Dollar General Corporation last year here. In that case, Mr. Wilson was permanently blind in one eye, and began to lose the sight in his other eye. He sought additional leave…

201411.02
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If you sit on your rights you will lose them.

Elitharp-Martin v. Pulaski County School Board, Case 7:14-cv-231 (W.D.Va. Oct. 16, 2014). In this case, the federal district court in Roanoke dismissed part of the plaintiff’s lawsuit for sexual harassment because the plaintiff’s EEOC charge had been filed too late. The plaintiff in this case, Ms. Elitharp-Martin, was a white female who worked for Pulaski…

201408.07
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Sovereign Immunity is a Topic Best Left to Attorneys.

Teresa Hall Marsh v. Virginia Department of Transportation, No. 6:14-cv-00006 (W.D. Va. June 16, 2014)(Moon, J.) Plaintiff Teresa Hall Marsh worked for the Virginia Department of Transportation. Ms. Marsh complained of mold in the Lynchburg facility where she worked and complained about the effects of mold on her health. VDOT terminated Ms. Marsh’s employment and…

201403.07
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If you’re an employer in a lawsuit, you are held to a lower pleading standard than your employees.

Grant v. Bank of America, Civil Action No. 2:13-cv-342 (E.D.Va. Feb. 25, 2014), was handed down last week. The plaintiff, Ms. Grant, is black. She is suing her former employer and her former supervisor for race discrimination: she claims that when she was Vice President and Banking Center Manager, she did not receive the same…

201402.22
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If your temporary impairment is bad enough, it can be considered a disability.

Summers v. Altarum Institute, Corporation, No. 12-1645 (4th Cir. Jan. 23, 2014). Carl Summers’ job at Altarum Institute required that he travel to Maryland to serve one of Altarum’s clients. The client, the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (“DCoE”), preferred that contractors work on site, but allowed them to…

201309.30
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Don’t DIY at EEOC.

Baiden-Adams v. Forsythe Transportation, Inc., Case 1:13-cv-272 (E.D.Va. Sept. 4, 2013). In this case, the plaintiff had prepared and filed her own Charge of Discrimination form with the Equal Employment Opportunity Commission without the assistance of a lawyer. In theory, the EEOC process is supposed to be user-friendly. In practice, however, there are many traps…

201305.19
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If you get fired because your health goes bad and you have to file for bankruptcy, you can still sue your employer over the firing. (Well, maybe.) But it doesn’t mean you’re going to win.

The ADA performs a number of laudatory functions, not the least of which is to protect disabled individuals from insidious discrimination by requiring employers to reasonably accommodate their disability. The law, however, cannot remedy every misfortune. It can only correct that which it prescribes to correct. Wilson v. Dollar General Corporation, ___ F.3d ___, 2013…