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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 (2014-2017)
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
EEOC Goes After Another Employer For Failing to Extend Leave
Posted on January 17, 2018
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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Do You Need to Pay Your Interns?
Posted on January 10, 2018
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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Harassment Claim Following a Consensual Sexual Relationship?
Posted on January 3, 2018
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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Nursing Mother Fired After Dispute About Where She Could Pump—Discrimination?
Posted on December 20, 2017
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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Employee Fails to Report Sexual Harassment For Fear of Retaliation-Can She Make a Claim Under Title VII?
Posted on December 13, 2017
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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But It Was For Her Own Good—Is This a Defense to a Discrimination Claim?
Posted on December 6, 2017
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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Over One Million Dollars in Damages for Discrimination Based on Transgender Status?
Posted on November 29, 2017
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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Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?
Posted on November 15, 2017
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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Crenshaw, Ware & Martin, P.L.C. Attorneys Named to Virginia Business Magazine’s 2017 “Legal Elite”
Posted on November 13, 2017
Crenshaw, Ware & Martin is proud to announce that four of the firm’s attorneys have been recognized by Virginia Business Magazine among Virginia’s “Legal Elite” for 2017.  Each year in......
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Can An Applicant Bring a Claim of Discrimination After Rejecting a Job Offer?
Posted on November 8, 2017
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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