From Virginia Employer Law Blog
EEOC Goes After Another Employer For Failing to Extend Leave
The Situation: An employee who has been out on leave asks for a several extra weeks of leave—putting her over the twelve weeks to which she is entitled under the FMLA.......READ MORE
Do You Need to Pay Your Interns?
The Situation: Your company allows students to work during the summers as interns. Do they have to be paid? the ruling The Department of Labor (DOL) has just announced that it will use......READ MORE
Harassment Claim Following a Consensual Sexual Relationship?
The Situation: An employee engages in a consensual sexual relationship with her boss. After she breaks it off with him, he begins treating her differently. She is subsequently put on......READ MORE
Nursing Mother Fired After Dispute About Where She Could Pump—Discrimination?
The Situation: An employer decides to implement a new policy permitting lactating mothers to express breastmilk only in certain designated lactation rooms. An employee who has been pumping in her office......READ MORE
Employee Fails to Report Sexual Harassment For Fear of Retaliation-Can She Make a Claim Under Title VII?
The Situation: Courts have found that employers have a valid defense to a sexual harassment claim if they can show that they have a procedure in place for reporting this type......READ MORE
But It Was For Her Own Good—Is This a Defense to a Discrimination Claim?
The Situation: An employer finds out that a pregnant employee is considered high risk and so takes her off the schedule based on some concerns about her safety in the workplace.......READ MORE
Over One Million Dollars in Damages for Discrimination Based on Transgender Status?
The Situation: A professor claims that she was denied tenure only after she began transitioning from male to female-will this support a claim of discrimination based upon gender in violation of......READ MORE
Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?
The Situation: A company requires all employees returning to work from medical leave to be able to perform their essential job duties without any sort of accommodation—basically a 100% return-to-work policy. ......READ MORE
Can An Applicant Bring a Claim of Discrimination After Rejecting a Job Offer?
The Situation: During a job interview, a female candidate is told by the general manager of a company that she is really looking for a male to fill the position. The......READ MORE
Does a Mandatory Retirement Age Equal Discrimination?
The Situation: An employer has a policy that states that all employees must retire at the age of 65. Is this age discrimination? the ruling Yes, although there are some limited exceptions, generally......READ MORE