South Carolina Lawyers Weekly

Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s conduct. Background Carla A. Clehm is an employee of defendant BAE ...

The court rules that an employee’s disability discrimination claim failed where he could not demonstrate that he was a qualified individual under the ADA because he could not show his ability to perform the essential functions of his job or ...

The court rules that defendant employer was not entitled to summary judgment on plaintiff’s retaliation claim where the record demonstrated very close proximity between plaintiff employee’s protected activity and her supervisor’s alleged retaliation such that defendant’s legitimate, non-retaliatory reasons for ...

A mayor’s reference to a white police officer who shot an unarmed black man was not enough to support plaintiff’s claim of race discrimination arising out of his firing after it was revealed that—despite being warned not to—he was still ...

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a ...

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support ...

Where a police officer suffered post-traumatic stress disorder as a result of being frequently exposed to child pornography at work, and could not sue under the under the Americans with Disability Act because the state was immune, but he could ...

Even though S.C. Code Ann. § 2-13-90(c)(1) of the South Carolina Human Affairs Law (SCHAL) refers to “an action brought under this subsection,” since the statute expressly outlines an administrative remedy, no private cause of action is available for plaintiff ...

A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet ...