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The Federal Court in Roanoke, Virginia recently dismissed a plaintiff’s employment retaliation claim while allowing her sexual harassment and assault claims to proceed.  In Auriemma v. Logan’s Roadhouse, Inc., et al. Civil Action No. 7:12-cv-0284 (W.D. Va. Nov. 19, 2012), a former female employee sued the restaurant at which she had worked as a server, alleging sexual harassment, retaliation, and various state law torts (such as assault & battery). The plaintiff, Andrea Auriemma, had worked…

The Federal District Court in Danville, Virginia recently dismissed a claim of retaliatory discharge by a male plaintiff fired for encouraging a female employee to complain about his supervisor’s jokes about public hair and male anatomy. The Court found that, while the employee thought that the alleged jokes were unlawful sexual harassment, his belief was not objectively reasonable. Rather, the alleged jokes were merely crude and boorish, and not severe or pervasive enough to rise

The disturbing answer, shown by a recent Virginia Supreme Court decision, is yes.  The federal employment discrimination laws generally do not allow suits against supervisors and managers for personnel choices they make for the company.  Despite this protection, however, other federal and state employment laws allow supervisors to be held liable for management decisions in some instances.  This is shown by the Virginia Supreme Court’s recent decision extending wrongful discharge liability to supervisors and individual

When a commercial vehicle driver was fired after having a mini stroke, a federal court determined that administrative requirements applied to his claim that he had not satisfied, but still allowed him to proceed.  The plaintiff worked for a freight distribution company as a commercial driver, and suffered a mini stroke at work.  After he obtained treatment, the plaintiff’s doctors cleared him to return to work, but the Company required the plaintiff to be examined

In Burgess v. Bowen, Civil Action No. 1:09cv763 (JCC) (E.D. Va. Oct. 2, 2012), an African American female sued claiming racial discrimination and retaliation after she was terminated from her executive-level position at a federal agency.  The plaintiff served as the Assistant Inspector General for Public Affairs (“AIG-PA”) within the Office of the Special Inspector General for Iraq Reconstruction (the “Agency”).  The Agency discharged her as part of a reorganization despite her claim that she