Virginia Employment Lawyers Archives

What is the standard for summary judgment in an employment discrimination or retaliation case?

To prevail on a motion for summary judgment, the movant must show that there is no genuine dispute as to any material fact and that the movant … Continued

What is the duty to mitigate damages?

To obtain economic damages (lost pay and benefits) in an employment-related lawsuit, you must show that you tried to mitigate your damages, i.e., you searched … Continued

Is denial of a transfer away from a biased supervisor an adverse action?

Yes. According to the DC Circuit’s 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing and Urban Development, No. 15-5008, “Although lateral transfers to different … Continued

Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Section 510 of ERISA makes it unlawful for a person to “discharge, fine, expel, discipline, or discriminate against a participant or beneficiary for exercising any … Continued

Can a court grant summary judgment in a discrimination case prior to discovery?

As a general rule, summary judgment is appropriate only “after adequate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “[S]ummary … Continued

Is a negative performance evaluation an actionable retaliatory action or adverse employment action?

Courts have held that where performance improvement plans and negative performance reviews precede an eventual termination, they may constitute adverse actions. See, e.g., Winston v. Verizon … Continued

What are some indications that an employer performed a sham investigation of a discrimination complaint?

Indications that an employer performed a sham investigation of a discrimination complaint include: The employer blindly credits a suspicious denial by the perpetrator of … Continued

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Several federal and state anti-retaliation laws prohibit an employer from retaliating against an employee on account of the employee’s testimony or assistance in an investigation. … Continued

Is an employee protected against retaliation for participating in an employer’s internal investigation?

Yes. The Supreme Court held in Crawford v. Metro. Gov’t of Nashville, 555 U.S.271, 279-80 (2009) that an employee’s participation in an employer’s internal investigation … Continued

Are there any time limits on when I must file a charge of discrimination?

If you’re filing a lawsuit under Title VII, you must first file a complaint on discrimination with the EEOC. Generally, you must file that … Continued

Are there hiring requirements that apply nationwide or statewide?

There aren’t necessarily human resources, policies, and procedures that apply to employers nationwide. There are, however, a number of different anti-discrimination and anti-retaliation … Continued

How do courts measure emotional distress damages in employment discrimination cases?

There’s really no precise formula that the courts use to measure emotional distress damages. But there are a number of different factors that … Continued

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