Look out—possibly more hostile work environment claims ahead

Following the recent ruling of the Fourth Circuit after an en banc rehearing, employers may face more claims for hostile work environment. In Boyer-Liberto v. Fountainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the Fourth Circuit overturned a prior decision by its own panel and the district court and found that an extremely serious […]

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Eleventh Amendment Bars FLSA Claim against Supervisors at Eastern State Hospital Where Actions Inextricably Tied to Official Duties

Earlier this week, the Fourth Circuit directed the district court to dismiss a FLSA claim brought by a nurse against two of her supervisors at Eastern State Hospital, finding that there was no basis for individual liability and sovereign immunity barred the claims. Martin v. Wood, et al., Case No. 13-2283 (4th Cir. Nov. 18, […]

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Fourth Circuit Reverses Summary Judgment in Third Party Harassment Claim

In a recent decision, the Fourth Circuit has joined other circuits in holding that a negligence standard applies to third party harassment claims under Title VII, an issue the United States Supreme Court has yet to reach.  In Freeman v. Dal-Tile Corp., et al., No. 131481 (4th Cir. April 29, 2014), the Fourth Circuit concluded […]

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EEOC Has to Pay for Unreasonably Instituting Litigation

Title VII includes a fee-shifting provision, allowing district courts discretion to award reasonable attorneys’ fees to a prevailing party. But what if the non-prevailing party is the EEOC? The Fourth Circuit recently affirmed a district court’s award of attorneys’ fees to a prevailing defendant in a case brought by the EEOC where the district court […]

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A Sufficiently Severe Temporary Impairment May Constitute a Disability

There is no question that the ADA Amendments Act of 2008 (“ADAAA”) broadened the meaning of “disability and provide employees even greater protection under the ADA. However, there remain some areas of uncertainty with regard to this new, broader definition. One such question was how the permanence of an impairment (or lack thereof) would affect […]

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It Isn’t All About the Ultimate Decisionmaker—Fourth Circuit Vacates Summary Judgment in Favor of Employer in ADEA Case

As employers, we often focus on what knowledge was in the hands of the ultimate decisionmaker at the time a crucial employment decision is made.  However, as the Fourth Circuit reminds us in its decision in Harris v. Powhatan County School Board, No. 12-2091, the knowledge and intent of those who have the power and […]

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