FOURTH CIRCUIT HANDS EMPLOYEES TWO VICTORIES
Today, January 17, the Fourth Circuit issues two pubished opinions in employment-related cases. Both decisions are favorable to the employees. In Davani v. VDOT, the court reverses a decision by the district court that had dismissed the employee’s claim. There, the employee contends that he was discriminated against by his employer, VDOT, because of his race, nationality, and religion. The district court had dismissed his claim based on the Rooker-Feldman doctrine, but last year, the Supreme Court revised that doctrine in Exxon Mobil v. Saudi Basic Indus. Corp. The case is thus remanded for reevaluation in light of the Exxon decision. In the other case handed down today, Knox v. Dep’t of Labor, the court grants a petition for review and reverses a decision by the Labor Department’s Administrative Review Board. Knox claims that he was retaliated against after he blew the whistle on the discharge of asbestos from a government training facility in Harpers Ferry, W.Va. The board had determined that Knox did not allege a protected activity, but the court finds that he did. The case is now remanded for evaluation of teh merits of the claim.