A team of McGuireWoods attorneys successfully barred a plaintiff from recovering in a disability discrimination case against our client, a leading independent national distributor of natural, organic and specialty foods. The plaintiff, a forklift operator, alleged disability discrimination after he claimed that asthma prevented him from working in freezers or coolers and was subsequently terminated. Although the EEOC (Equal Employment Opportunity Commission) found probable cause that he had been the victim of discrimination, prompting an investigation of the accommodation policies in place at our client’s facility, the plaintiff did not fare as well in federal court after McGuireWoods discovered that he had filed for bankruptcy without disclosing his pending charge and claims to the Bankruptcy Court. Our client filed a motion to dismiss and asked the Court to find plaintiff judicially estopped from any recovery. In an attempt at salvaging his claims, plaintiff reopened the bankruptcy proceedings. The Judge found this attempt unavailing and ruled that the failure to timely disclose the claim precluded the plaintiff from any recovery.
Daniel Peyton Writes Article on Recent Developments in Age Discrimination Issues
February 3, 2020
McGuireWoods’ Jackie Stone Among Virginia Lawyers Weekly’s Influential Women of Law
January 29, 2020
Are You Prepared for the New IR35 Changes?
February 7, 2020
Age discrimination update
January 23, 2020
NY Appellate Division Affirms Seller Retains Privilege for Certain Pre-acquisition Communications
December 9, 2019
Illinois Ban on Employers’ Inquiry or Consideration of Salary History Takes Effect
October 4, 2019
National Retailer Liable for Wage Statement Violations Under California Law
June 26, 2019