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Fourth Circuit

April 14, 2010 By nicole

Fourth Circuit rules for plaintiff in sexual harassment case

In Whitten v. Fred’s, Inc., the Fourth Circuit issued an important ruling in a sexual harassment case. The Court concluded that the company-defendant could held liable for sexual harassment by its manager, even if the manager did not have the authority to fire the harassed worker. Although the Court was addressing state law claims, South Carolina anti-discrimination […]

Filed Under: In the News Tagged With: Bankruptcy, Case Commentary, Fourth Circuit, Sexual Harassment, Title VII

February 18, 2010 By nicole

Fourth Circuit affirms sexual harassment verdict

In King v. McMillan, the Fourth Circuit affirmed a jury verdict and the court’s rulings in a sexual harassment case. The plaintiff, a former deputy in a sheriff’s office, had been sexually harassed by the sheriff over several years. A jury awarded her compensatory and punitive damages on her claims of battery and sexual harassment under Title […]

Filed Under: In the News Tagged With: Battery, Case Commentary, Discrimination, Fourth Circuit, Punitive Damages, Sexual Harassment, Title VII

January 17, 2010 By nicole

Recent Fourth Circuit labor and employment decisions

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class of current and former employees of a chicken processing plant. The employees claimed, among other things, […]

Filed Under: In the News, Work Injury, Workers' Compensation Tagged With: Case Commentary, Collective Action, Concerted Activity, FLSA, Fourth Circuit, NLRB, Retaliation, Sarbanes-Oxley Act, Union, Wage and Hour

October 30, 2009 By nicole

Fourth Circuit reverses the Board in Longshoreman Act case

In Green-Brown v. Sealand Service, the Fourth Circuit held that under the Longshore and Harbor Workers’ Compensation Act (LHWCA), hearing loss determinations can only be accepted under the Act if they are done according to the AMA Guides. The plaintiff was a long-term shipping container repairman, who was exposed to loud noises from air hammers, impact […]

Filed Under: Work Injury, Workers' Compensation Tagged With: Case Commentary, Fourth Circuit, Longshore and Harbor Workers’ Compensation Act

August 12, 2009 By nicole

4th Circuit rejects STAA retaliation claim

In UPS v. Calhoun, the plaintiff (who worked at the UPS facility in Greensboro) had filed a complaint with OSHA that he had been retaliated against for engaging in daily vehicle inspections that he thought necessary for vehicle safety. He claimed that such activity was protected by the Surface Transportation Assistance Act (STAA). The Department of […]

Filed Under: In the News Tagged With: Case Commentary, Fourth Circuit, Retaliation

August 10, 2009 By nicole

4th Circuit rules for class certification in racial discrimination case

In Brown v. Nucor Corporation, the 4th Circuit reversed the district court on the question of class certification. Under Title VII, the plaintiffs had brought racial discrimination claims of disparate treatment and disparate impact with regard to promotion practices, as well as hostile work environment claims. The majority concluded that the plaintiffs could proceed with all […]

Filed Under: In the News Tagged With: Case Commentary, Class Action, Discrimination, Fourth Circuit, Title VII

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