You have to file your EEOC claim within 300 days or it’s gone.

Kennedy, et al., v. Virginia Polytechnic Institute & State University, Civil Action No. 7:08-cv-579 (W.D.Va. March 25, 2010). A number of plaintiffs brought this suit against VPI alleging that female employees of the University Development Office were paid less than similarly situated male employees for equal work on the same job and that the defendant had […]

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You can bring a federal discrimination claim in state court. (Some restrictions may apply.)

Pendleton v. National Wildlife Federation, et al., Civil Action No. 5:10cv0009 (W.D.Va. March 26, 2010). An administrative first step in cases arising under Title VII of the Civil Rights Act of 1964 is that a person with a discrimination claim must first take that claim to the Equal Employment Opportunity Commission, which then engages in […]

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You have to pick the right court. Good luck.

Boudouin v. Dept. of the Navy, et al., Civil Action No. C 09-4958 SBA (N.D. Cal. March 4, 2010) on transfer, Civil Action No. 2:10-cv-00109-JBF-TEM (E.D. Va. March 8, 2010). Boudouin sued the Navy under Title VII and the Age Discrimination in Employment Act (ADEA) and alleged that the Navy had failed to promote him […]

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If you work for the state report fraud at your peril

Ligon v. County of Goochland, Record No. 090250, ___ Va.___ (February 25, 2010). Ligon, the plaintiff, alleged that his former employer, Goochland County, unlawfully terminated him from his employment in the County’s Building and Grounds Department and that he was entitled to relief under the “whistleblower protection” provision in the Virginia Fraud Against Taxpayers Act […]

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You are never too busy to answer a summons

Ortiz v. Street, et al., Civil Action No. 1:09-cv-00962-JFA (E.D. Va., February 16, 2010). This case arose under the Fair Labor Standards Act (“FLSA”). Ortiz was employed by Street as a pool service technician. In his complaint, he alleged that he worked more than forty hours a week and that Street had failed to compensate […]

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If at first you don’t succeed

Bogan v. The Roomstore, Inc., Civil Action No. 3:09-cv-00705-HEH (E.D. Va., January 29, 2010). Bogan filed a complaint against The Roomstore, Inc., alleging that his employer discriminated against him because of his race. Bogan, who is black, alleged that he was terminated for initially refusing to take a drug test. Bogan alleged that he refused […]

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Sometimes you need more than an anonymous death threat to show hostility

Ford v. Zalco Realty, Inc., et al. Civil Action No.: 1:08-cv-1318 (E.D. Va. February 1, 2010). Ford applied for a job as the building manager for a high-rise condominium. In his employment application, he disclosed a prior conviction in 1995 for misdemeanor assault. At the time he applied for the job, he had two other […]

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A little win is still a win

Western Insulation, LP v. Moore, No. 08-2106 (4th Cir. Va. Jan. 22, 2010) (unpublished). Virginia law, which governed in this case regarding a non-competition agreement, allows the award of attorney’s fees to a prevailing party when the parties’ contract provides for such fees. The district court had enforced the attorney’s fee provision against the losing […]

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