About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Tag Archives: Discrimination
Florida Court Of Appeal Reverses $2.5 Million Jury Verdict In Discrimination Lawsuit
In St. Louis v. Florida International University, plaintiff was awarded $72,241 in lost wages and $2.5 million in compensatory damages on Florida state law racial discrimination and retaliation claims brought against his former employer, Florida International University (FIU). The Florida … Continue reading
Supreme Court Upholds “Cats Paw” Liability In Discrimination Case
On Tuesday, the U.S. Supreme Court issued an opinion in Staub v. Proctor Hospital, upholding the use of the so-called “cats paw” theory as a method of proving discrimination. More after the break.
Hooters Faces Weight Discrimination Claim
A Michigan woman has sued Hooters for “weight discrimination” in violation of the only state law in the country that provides such protection. More after the break.
9th Circuit Upholds Certification of Wal-Mart Class Action
In a recent 6-5 decision, the en banc U.S. Court of Appeals for the Ninth Circuit upheld a district court’s certification of a class action against Wal-Mart that could potentially include 1.5 million class members. The plaintiffs, a group of six … Continue reading
4th Circuit Remands Discrimination Case For Trial
In Merritt v. Old Dominion Freight Line, Inc., the U.S. Court of Appeals for the Fourth Circuit held that the plaintiff had produced sufficient evidence of discriminatory intent to create a genuine issue of material fact, precluding summary judgment for … Continue reading
Attorney Found To Be Joint Employer and Loses Almost $700,000
An attorney who was the public face of a collection agency was found to be a joint employer and liable for acts by the agency’s non-lawyer supervisors in a race discrimination case brought by an employee of the collection agency. … Continue reading
Improper Medical Inquiry Claim Not Dependent On Disability
In Harrison v. Benchmark Electronics, the Eleventh Circuit held that an employee can bring an ADA claim against an employer based on an improper medical inquiry regardless of whether the employee is disabled within the meaning of the ADA. More … Continue reading
Tidbits
New and expanded theories of discrimination. More after the break.
Top Ten Developments in Employment Law for HR Professionals in Virginia — #2
The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 2: Supreme Court holds that ADEA claims are not governed by the Title VII mixed motive standard and imposes a higher burden … Continue reading
EEOC Issues 2009 Enforcement and Litigation Statistics
The EEOC has issued its 2009 enforcement and litigation statistics here. Total charges were down from 2008, 95,402 to 93,277. Largest percentage increases in charges were in disability and retaliation. Lawsuits filed down from 325 to 314. More after the break.
Fourth Circuit Reverses Summary Judgment In Failure To Promote Case
In an unpublished opinion (Wesley v. Arlington County), the Fourth Circuit reversed the district court’s grant of summary judgment for the employer in a failure to promote case brought by a firefighter. More after the break.
New EEOC Enforcement Activity Against Use Of Credit History And Criminal Background In Hiring
Workplace Prof Blog notes here that the EEOC has filed a class action suit against an employer in Dallas for the use of credit history and criminal background as selection crieria in the hiring process. The EEOC has long argued … Continue reading
Richmond Jury Awards $3.5 Million In Race Discrimination And Malicious Prosecution Case
Earlier in the week, a Richmond federal court jury awarded a former employee of a trucking terminal $3.5 million on claims of race discrimination and malicious prosecution against the employer and several individual defendants. More after the break.
4th Circuit Reverses Summary Judgment In Age Case
In an unpublished opinion, the Fourth Circuit reversed the district court’s grant of summary judgment for the defendant employer on a discrimination claim brought under the Age Discrimination in Employment Act (“ADEA”). The case is Inman v. Klockner Pentaplast of … Continue reading
Genetic Information Nondiscrimination Act (GINA) Effective November 21
The Genetic Information Nondiscrimination Act (GINA) goes into effect November 21, 2009. The Manpower Employment Blawg has a post about GINA here. Our previous posts on GINA are here and here. UPDATE: The New York Times has a story here.
