The U.S. Equal Employment Opportunity Commission (EEOC) recently released results for fiscal 2018 and reports that in addition to accepting 70,000+ new “Charges,” the EEOC helped settle and resolve 90,558. That is an accomplishment.

This summer, a U.S. Federal Court held a Burger King franchise liable and accountable for interfering with an employee’s FMLA request to go care for his sick mother, when after making several requests to his onsite managers, but not to HR as required in the employment handbook.  See Moore v. GPS Hospitality Partners IV, LLC, el al., Civ. No. 7-CV-0500 WSN, Slip Op. at 1, 31, 2019 U.S. Dist. LEXIS 92830, (D. Ala., June 3, 2019).

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.

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. 

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).

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Our new website provides our existing and prospective clients a simple yet interactive view of our work and the services we offer.

New Website Coming Soon!

We are currently revamping our website. Our new website will be interactive and mobile friendly!