Articles Posted in Labor & Employment Law

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The Department sought interlocutory review of the district court's decision that the state waived Eleventh Amendment immunity with respect to claims under Maryland's Fair Employment Practices Act (FEPA). The Fourth Circuit exercised its jurisdiction under the collateral order doctrine and held that the state has not waived the protection of the Eleventh Amendment. In this case, the state did not waive its Eleventh Amendment immunity as to plaintiff's FEPA claims through a statutory consent to suit provision in Md. Code. Servs. 20-903. In the absence of the state's express consent to suit in federal court, the Department was entitled to the protection of the Eleventh Amendment with respect to the FEPA claims. View "Pense v. Maryland Department of Public Safety and Correctional Services" on Justia Law

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After plaintiff was injured while replacing railroad crossties on a bridge spanning navigable waters, he filed a negligence claim against his employer under the Federal Employers' Liability Act (FELA). The Fourth Circuit reversed the district court's grant of the employer's motion to dismiss for lack of subject matter jurisdiction. The court held that plaintiff's injury did not occur "upon navigable waters," as required by the Longshore and Harbor Workers' Compensation Act, and thus the district court erred in dismissing plaintiff's FELA claim. The court remanded for further proceedings. View "Muhammad v. Norfolk Southern Railway Co." on Justia Law

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Once a jury has evaluated witness credibility, weighed evidence, and reached a verdict, a litigant seeking to overturn that verdict faces a steep hurdle. Plaintiff filed suit against TWC, alleging that the company fired her based on illegal age discrimination. The jury found in favor of plaintiff and the district court denied TWC's motion for judgment as a matter of law. The Fourth Circuit affirmed, holding that there was sufficient evidence to support the jury's verdict and the district court managed the proceedings fairly. View "Westmoreland v. TWC Administration LLC" on Justia Law

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The Fourth Circuit reversed the district court's grant of summary judgment to WCI on all of plaintiff's claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981. The court held that the district court erred by finding that plaintiff, who is black, had failed to establish an appropriate comparator and to produce evidence of pretext. In this case, plaintiff produced evidence that a white employee with the same supervisor, who had several workplace infractions, was permitted to return to his job after the employee became angry and yelled at his supervisor before quitting. The court held that the record as a whole could permit a reasonable factfinder to conclude that plaintiff and that employee were proper comparators. Furthermore, plaintiff has produced evidence that WCI's reason for his termination has changed substantially over time, and therefore has presented sufficient evidence of pretext. View "Haynes v. Waste Connections, Inc." on Justia Law

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The Fourth Circuit affirmed the district court's grant of summary judgment for the University in an action brought by a sociology professor, alleging claims under the Equal Pay Act and Title VII. The court held that, although plaintiff established a pay disparity between her and two former administrators, she failed to present evidence creating a genuine issue of material fact that the administrators were appropriate comparators. The court also held that, in any event, the University based the administrators' higher pay on their prior service as University administrators, not their sex. View "Spencer v. Virginia State University" on Justia Law

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The district court did not abuse its discretion by sanctioning plaintiff for her "flagrant and unremitting" violations of the Federal Rules of Civil Procedure. After plaintiff was constructively discharged as a nurse practitioner by the University, she filed four separate actions alleging claims arising out of the same course of events and alleging state torts of defamation and interference with prospective advantage, as well as violations of the False Claims Act, the Maryland False Health Claims Act, Title VII, and 42 U.S.C. 1981. The Fourth Circuit held that plaintiff's conduct under the procedural rules was inept and abusive to the degree that it rendered virtually useless five years of proceedings before the district court, and such abuse would likely have continued in any future proceedings. View "Rangarajan v. Johns Hopkins University" on Justia Law

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The Fourth Circuit affirmed in part and reversed in part the district court’s grant of summary judgment in favor of Defendant, the Office of the Director of National Intelligence, on Plaintiff’s claims asserting violations of the Rehabilitation Act, 29 U.S.C. 701 et seq., and the Family and Medical Leave Act (FLMA), 29 U.S.C. 2601, et seq., holding that summary judgment was proper as to the Rehabilitation Act and FMLA retaliation claims but was not warranted as to Plaintiff’s FMLA interference claim. Plaintiff, a former employee of Defendant, asserted that Defendant discriminated against her and violated the FMLA by not hiring her for a permanent position following her completion of a five-year term. After exhausting her administrative remedies, Plaintiff filed this lawsuit. The district court granted summary judgment for Defendant on all counts. The Fourth Circuit held (1) the district court properly granted summary judgment as to Plaintiff’s Rehabilitation act and FMLA retaliation claims; but (2) summary judgment as to Plaintiff’s FMLA interference claim was precluded because a genuine issue of material fact remained as to whether Plaintiff provided notice of her disability and interest in FMLA leave sufficient to trigger Defendant’s duty to inquire. View "Hannah P. v. Coats" on Justia Law

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A consulting company and its owner appealed the district court's determination that the company violated the Fair Labor Standards Act (FLSA) by failing to pay certain employees proper overtime compensation. The Fourth Circuit affirmed the district court's judgment holding that the payment system violated the FLSA because it used a blended rate that functioned as the actual hourly rate for all hours worked, regardless of whether those hours were overtime or non-overtime. The court noted that, upholding such a scheme and accepting the company's retroactive justifications would undercut one of the fundamental purposes of the FLSA: ensuring that employees are adequately paid for all overtime hours. View "US Department of Labor v. Fire & Safety Investigation Consulting Services, LLC" on Justia Law

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At issue in this case was whether a false rumor that a female employee slept with her male boss to obtain promotion can ever give rise to her employer's liability under Title VII for discrimination "because of sex." In this case, plaintiff was terminated after she complained of a hostile work environment stemming from the rumor. The Fourth Circuit held that the allegations of the employee's complaint, where the employer was charged with participating in the circulation of the rumor and acting on it by sanctioning the employee, did implicate such liability. Accordingly, the court reversed the district court's dismissal of plaintiff's claims alleging discrimination and retaliation for complaining about such a workplace condition. However, the court affirmed the dismissal of the third claim because the employee failed to exhaust it before the Equal Employment Opportunity Commission. View "Parker v. Reema Consulting Services, Inc" on Justia Law

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The EEOC filed suit against McLeod for alleged violations of the Americans with Disabilities Act (ADA), because McLeod required a longtime employee with a disability to undergo a work-related medical exam and then wrongfully discharged her based on her disability. The Fourth Circuit reversed the district court's grant of summary judgment to McLeod, and held that a reasonable jury could conclude that it was unreasonable for McLeod to believe that the employee was medically unable to navigate its campuses without posing a direct threat to her own safety. Therefore, McLeod was not entitled to summary judgment on the illegal exam claim. Furthermore, it was not certain that navigating to and within McLeod's campuses was essential to the employee's job. Accordingly, McLeod was not entitled to summary judgment on the wrongful discharge claim. View "EEOC v. McLeod Health, Inc." on Justia Law