Category Archives: 4th Circuit

4th Circuit Decides Employee Polygraph Protection Act Case

In a rare decision under the Employee Polygraph Protection Act (“EPPA”), the Fourth Circuit decided several unresolved issues of statutory interpretation in a published opinion dated November 24, 2008.  The opinion in Worden vs. Sun Trust Banks, Inc., can be found … Continue reading

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Recent 4th Circuit Decisions of Interest

The U.S. Court of Appeals for the Fourth Circuit — already famous for not publishing many of its decisions — has continued the trend this year with very few published decisions.  Several recent employment law decisions, however, are published decisions … Continue reading

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Supreme Court Denies Review Of FedEx ADA Punitive Damages Award

According to a press release by the EEOC, the U.S. Supreme Court has denied FedEx’s petition for review of a $100,000 punitive damages award under the ADA that was upheld by the U.S. Court of Appeals for the Fourth Circuit.  … Continue reading

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4th Circuit Issues Sarbanes-Oxley Whistleblower Decision

For those interested in the specialized area of Sarbanes-Oxley (“SOX”) whistleblower claims, the U.S. Court of Appeals for the Fourth Circuit issued an opinion dated August 5, 2008, affirming the finding of the Administrative Review Board that the petitioner’s termination … Continue reading

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4th Circuit Upholds Plaintiff’s Award In Sexual Harassment Case

In Benson v. Thompson Cadillac-Oldsmobile, Inc., the U.S. Court of Appeals upheld an award of $50,000 in compensatory damages, $111,148.76 in back pay and $60,417.25 in attorney’s fees in a sexual harassment case tried to a jury in North Carolina.  A … Continue reading

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4th Circuit Sends Religious Harassment Case Back For Trial

In EEOC v. Sunbelt Rentals, Inc., the Fourth Circuit overturned an award of summary judgment in a Title VII religious harassment suit and sent the case back to the district court for trial.  The case involved allegations that the plaintiff was subjected … Continue reading

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4th Circuit Sarbanes-Oxley Whistleblower Decision Goes Against Plaintiff

In Livingston v. Wyeth, Inc., No. 06-1939 (4th Cir. 2008), the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a whistleblower claim under the Sarbanes-Oxley Act of 2002, 18 USC 1514A because it concluded that no … Continue reading

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ALJ Decision Bars Subsequent Discrimination Lawsuit

The U.S. Court of Appeals for the Fourth Circuit has held, in an unpublished opinion issued today, that a decision by a Virginia administrative law judge had preclusive effect, barring a discrimination and retaliation lawsuit in federal court.  A copy … Continue reading

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4th Circuit Affirms Two Employee Verdicts In ADA Cases

In two published opinions issued today, the U.S. Court of Appeals for the Fourth Circuit affirmed verdicts for employees in separate cases brought under the Americans with Disabilities Act (ADA).

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Yes Virginia, You Can Get To The Jury In The 4th Circuit

In Moser v. MCC Outdoor LLC, No. 06-1960 (4th Cir. 12/5/2007), the Fourth Circuit reversed the district court’s award of summary judgment on plaintiff’s hostile work environment sexual harassment claim.  Despite the Court’s reputation as pro-employer, the Moser case shows … Continue reading

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4th Circuit Finds That Payment Of Wages And Benefits For 60 Days After Termination Satisfies WARN Act

The Fourth Circuit held in Long v Dunlop Sports Group Americas, Inc., (4th Cir. Oct. 29, 2007), an employer who failed to give employees 60 days’ advance notice of a plant shutdown but continued to pay full wages and benefits … Continue reading

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