EEOC charge

District Court Has Jurisdiction over Retaliation Claim Related to Prior Charge, Even Prior Charge that was Untimely

Posted on October 31, 2014

The Fourth Circuit recently ruled that the district court properly ruled that it had jurisdiction over a claim of retaliation in violation of Title VII asserted by an Old Dominion University professor, even though the retaliation claim was not contained within her initial EEOC charge and that charge was, in fact, untimely. Hentosh v. Old Dominion University, No. 13-2037 (4th Cir. September 24, 2014). The Fourth Circuit’s ruling was based on the fact that the retaliation was reasonably related to the initial charge and its own prior decision that a claim for retaliation can be asserted for the first time in federal court.…

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Classifying Former Employee as a New Hire Can Provide Basis for Retaliation Claim

Posted on June 6, 2014

Recently, Judge Payne of the Eastern District of Virginia ruled that a plaintiff’s claim that he was retaliated against when he was rehired by his employer after engaging in protected activity, but reassigned to a new site forty-seven miles away from his original sites without the supervisory responsibilities he previously held and was classified as a new hire. Chamblee v. Old Dominion Security Company, et al., No. 3:13cv820 (April 11, 2014).…

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