From Virginia Employer Law Blog

Posted on January 17, 2018

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.......

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Posted on January 10, 2018

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......

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Posted on January 3, 2018

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......

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Posted on December 20, 2017

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......

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Posted on December 13, 2017

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......

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Posted on December 6, 2017

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.......

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Posted on November 29, 2017

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......

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Posted on November 15, 2017

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. ......

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Posted on November 8, 2017

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......

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Posted on November 1, 2017

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......

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