Austin v. Berryman

MEMORANDUM OPINION

WILSON, District Judge.

An individual otherwise eligible to receive employment compensation in Virginia is disqualified by Va.Code Ann. § 60.2-618 (Repl.Vol.1987) if he or she voluntarily resigns “to accompany or to join his or her spouse in a new locality.” 1 Plaintiff, Barbara Austin (“Austin”), brings this action pursuant to 42 U.S.C. § 1983 for declaratory, injunctive, and other relief against various officials of the Virginia Employment Commission maintaining that the disqualifying provision is a gender-based classification in violation of the fourteenth amendment to the…