UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-2482

TAMMY A. SKIDMORE,

Plaintiff − Appellant,

v. NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation,

Defendant – Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, District Judge. (2:18−cv−01308)

Argued: January 27, 2021 Decided: June 14, 2021

Before WILKINSON, AGEE, and DIAZ, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Agee joined.

ARGUED: Jason Patrick Foster, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellant. Raymond A. Atkins, SIDLEY AUSTIN LLP, Washington, D.C., for Appellee. ON BRIEF: Scott S. Segal, Robin Jean Davis, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellant. John H. Mahaney, II, Ellen M. Jones, William C. Brown, III, DINSMORE & SHOHL LLP, Huntington, West Virginia, for Appellee. DIAZ, Circuit Judge: