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Elaine I. Hogan

Ms. Hogan is a partner with the firm and serves as the Practice Group Chair for the Employment Law Group. She focuses her practice on assisting employers and management in the areas of compliance and litigation. Ms. Hogan also handles a wide range of civil litigation and business matters.

Elaine is the author of the Virginia Employer Law blog which provides updates and information on noteworthy news covering employment law issues affecting Virginia businesses.
Education
Georgetown University Law Center, J.D., cum laude, 2002
Old Dominion University, B.A. summa cum laude, 1998
Bar/Court Admissions
Virginia State Bar
Virginia Supreme Court
United States Supreme Court
United States Court of Appeals for the Fourth Circuit
United States District Court, Eastern and Western Districts of Virginia
Community Involvement
Hampton Roads Chamber of Commerce (LEAD Hampton Roads, Class of 2014)
Legal Aid Society of Eastern Virginia, Board of Directors
Representative Experience
Representative Cases
Articles and Presentations
  • Represents and counsels employers on various issues involving federal and state employment laws, including anti-discrimination statutes, Fair Labor Standards Act, Family Medical Leave Act, and WARN act.
  • Represents and counsels employers in claims involving termination of employment and covenants not to compete and with government audits of employment practices.
  • Reviews human resource policies and practices to insure compliance with current federal and state laws and regulations and to determine areas for improvement.
  • Assists employers with preparation and negotiation of employment and severance agreements and drafting and updating employee handbooks.

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  THEY DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS IN FUTURE CASES.

  • Brown v. Berkley Staffing, LLC, et al., Case No. 13-1305 (4th Cir. 2013) (dismissal of employment discrimination claim affirmed by Fourth Circuit)
  • Navey v. Virginia Beach City Public Schools, Case No. 11-2216 (4th Cir. 2013) (dismissal of ADA claim affirmed by Fourth Circuit)
  • Cross v. Suffolk City School Board, et al., 2:11-cv-00088, E.D.Va. (defended Suffolk Public Schools and superintendent against ADEA claim)
  • Varble v. SYR, Inc., 2:10-cv-562, E.D.Va. (defended retailer against potential collective action under FLSA)
  • Simpson v. James D. Thorsen, et al., CL10-827, Suffolk Cir. Ct. (succeeded on motion to dismiss negligence and fraud claims against school board)
  • Norman v. Hiller Systems Inc. of Hiller Companies, 2:10-cv-258, E.D.Va. (obtained summary judgment on behalf of employer in race discrimination case)
  • Dolgaleva v. Virginia Beach City Public Schools, 2:06-cv-717, E.D.Va. (obtained summary judgment on behalf of employer in national origin discrimination case)
  • Hardt v. Reliance Standard Insurance Co., 130 S. Ct. 2149 (2010) (allowing fee award after successful summary judgment)
News and Updates
Calling Your Boss a Nasty Motherf**ker is Protected Activity?
Posted on April 26, 2017
The Situation: An employee has a problem with the way he has been treated by a supervisor and decides to share his disdain for him on Facebook—calling the supervisor a “nasty......
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Even if Staffing Company is Paying Employees, You Could be on the Hook for Unpaid Wages
Posted on April 19, 2017
The Situation: You go through a temporary staffing company for a certain group of employees and that company takes care of paying the employees. If the staffing company fails to properly......
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Employee Wellness Program—Potential Risks Under ADA?
Posted on April 12, 2017
The Situation: You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire.  One of the incentives is that employees who......
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Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination
Posted on April 5, 2017
The Situation: The EEOC took aim at Texas Roadhouse in 2011, claiming that the restaurant chain engaged in a pattern or practice of age discrimination by refusing to hire applicants over......
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Discrimination Based on Perceived Sexual Orientation??
Posted on March 29, 2017
The Situation: An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks.......
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Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim
Posted on March 22, 2017
The Situation: An employee begins working as a sales consultant and from the beginning, has serious performance issues.  She is given a number of warnings and even placed on an improvement......
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Has Filing an EEOC Charge Just Gotten Easier?
Posted on March 15, 2017
The Situation: In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make......
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Firing Six Weeks After Charge Enough to Show Retaliation?
Posted on March 8, 2017
The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan......
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Can Hugging Be Hostile?
Posted on March 1, 2017
The Situation: One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work.   A female employee who has worked for your......
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Concerned About Protecting Your Trade Secrets?
Posted on February 22, 2017
The Situation: Something that many employers have in common is a concern about protecting their confidential information, particularly in this day and age, when job hopping is somewhat common.  Many employers......
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