Linda Frith and Nate Schnetzler recently prevailed in a Title VII suit against a Lynchburg business after the plaintiff voluntarily dismissed her claims with prejudice in advance of oral argument on dispositive motions. The plaintiff alleged she was the victim of sexual harassment and a hostile work environment from her supervisor. The plaintiff originally filed a complaint in state court alleging negligence, respondeat superior liability for an alleged sexual assault, negligent hiring, and negligent retention. Frith and Schnetzler demurred to that Complaint on the grounds that the negligence claim was really a Title VII claim masked as a negligence claim, and plaintiff had not exhausted her administrative remedies. Frith and Schnetzler demurred to the other claims in the Complaint as well. The plaintiff voluntarily nonsuited her case and proceeded to the EEOC to pursue her Title VII claim.

After failing to substantiate the plaintiff’s claims, the EEOC issued a right to sue letter to the plaintiff, and she filed a new complaint in state court again alleging a “negligence” claim for hostile work environment under Title VII, negligent hiring, negligent retention, and a Title VII hostile work environment claim. After the case’s removal to federal court on the basis of federal question jurisdiction, Frith and Schnetzler filed a motion to dismiss the negligence, negligent hiring, and negligent retention claims. Frith and Schnetzler argued that there is no common law cause of action for hostile work environment under Virginia law; there was no duty on behalf of the employer to conduct a background check before hiring the supervisor; and Virginia law does not recognize a cause of action for negligent retention.

After briefing the motion to dismiss, plaintiff made a settlement demand that was rejected, and on the eve of oral argument on the motion to dismiss, plaintiff moved to voluntarily dismiss her complaint with prejudice.

Nate focuses his practice in civil litigation, particularly in the areas of insurance defense, insurance coverage, local government and Section 1983 litigation, and professional liability in federal and state court. Linda represents employers in state and federal courts across Virginia and in front of the Virginia Workers’ Compensation Commission, Virginia Employment Commission and the Equal Employment Opportunity Commission.