It is one thing to experience a retaliatory termination under The 1964 Civil Rights Act, and quite another to prove it.  The recent decision of Mohammed v. Cent. Driving Mini Storage, Inc., 128 F. Supp. 932 (D. Va. 2015) provides some good pointers.

A legal consultation is the initial meeting you have with your lawyer before you and the attorney decide to proceed with your case together. During your consultation, the legal expert will evaluate your situation and determine whether he or she can take up your case.

In a recent Fourth Circuit decision of David v. Winchester Medical Center, No. 18-1141 (Jan. 11, 2019), the appellate court held that when during severance negotiations, a former employee raises the issue of discrimination afoot and then rejects the employer’s separation proposal, the employer has no legal obligation to continue talking or negotiating.  Importantly however, the Fourth Circuit noted that if the employer abruptly withdraws a live-severance proposal because a former employee raises an age, gender, or another discrimination complaint, that conduct can constitute illegal retaliation under the relevant federal law. See id. (citing to Paquin v. Fed. Nat. Mortg. Assoc., 119 F.3d 23, 31 (D.C.…

In EEOC v. McLeod, the federal Fourth Circuit Court of Appeals reversed the dismissal below and held that a 28-year veteran employee with long-term medical concerns stated a claim of disability discrimination ripe for trial when she fell at work and suddenly was subject to medical-testing.  She had been performing her job with the same condition for decades.  By way of testing, she was declared unfit and fired.  No. 17-2335 (4th Cir. Jan. 31, 2019) (scheduled for publication). Here, a veteran corporate newsletter writer suffered from a bone-related disability since birth.  It made her balance and strength in her lower body,…

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