What is a hostile work environment? Are my complaints protected?

Posted Posted in Civil Rights, Employment Law, Hostile Work Environment, Retaliation

Issue # 1: – What constitutes an unlawful hostile work environment under Title VII? Title VII is violated only when the discriminatory conduct is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment.  Simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to […]

In Virginia, if an officer arrested me outside his jurisdiction, can I file suit against the officer?

Posted Posted in Civil Rights, General, Personal Injury Law

In Jordan v. Shands, 255 Va. 492, 497 (Va. 1998), the court stated “We have defined false imprisonment as “the direct restraint by one person of the physical liberty of another without adequate legal justification.” W.T. Grant Co. v. Owens, 149 Va. 906, 921, 141 S.E. 860, 865 (1928). We have also observed that “false […]

Summary of Virginia’s Freedom of Information Act (“FOIA”)

Posted Posted in Civil Rights, General

Summary of Virginia’s Freedom of Information Act (“FOIA”)            The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) is a powerful tool for both citizens of the Commonwealth and for their attorneys, especially in lawsuits involving the state.  (The Federal Government and other states have their own versions of FOIA).  This Act is […]

View Point Discrimination Violates the First Amendment

Posted Posted in Civil Rights, Commentary, Religious Freedom

Commentary – View Point Discrimination Violates the United States Constitution Viewpoint discrimination violates the First Amendment of the United States Constitution. In March 2007, Central Alabama Community College removed two signs displaying religious messages from the backfield of the school’s baseball field despite selling the sign space for a sponsor fee of $1,000 each. Central Alabama Community College […]

Public School and Physicals

Posted Posted in Civil Rights, General

Public School and Physicals Facts     Question: Can Public Schools Require Physical Examinations (More than Drug Testing) as a Condition of Participation In School Athletics? Answer: Probably Not. (But as a practical matter – is this the parents’ fight at the expense of the child.  Only a parent can make that determination.) The Constitution   The Fourteenth Amendment […]

Qualified Immunity – 2001 Victory

Posted Posted in Civil Rights, Employment Law, Freedom of Speech and Press, General, Hostile Work Environment

Victory in 4th Circuit Court of Appeals   The law firm of Thomas H. Roberts & Associates, P.C. announced an important victory.  In an unpublished opinion, the Fourth Circuit Court of Appeals ruled that there the defense of qualified immunity is not available to the government in Title VII cases.  This fact is especially important […]