CWM Attorneys Recognized by Virginia Super Lawyers®

Crenshaw, Ware & Martin, P.L.C. is pleased to announce that nine of its lawyers have been selected for inclusion in the 2017 list of Virginia Super Lawyers® and Rising Stars.  Through a selection and evaluation process that includes peer nominations, independent research and third-party validation of professional accomplishments, Virginia Super Lawyers® recognizes attorneys who have […]

READ MORE

Employee Wellness Program—Potential Risks Under ADA?

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 complete the health risk assessment are not required to pay their monthly premiums for single coverage health insurance.  An employee raises concerns about the […]

READ MORE

Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination

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 the age of 40. According to a press release issued by the EEOC, Texas Roadhouse has now agreed to pay a total of $12 […]

READ MORE

Discrimination Based on Perceived Sexual Orientation??

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. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the […]

READ MORE

Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim

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 plan. After she receives a final warning threatening termination if her performance does not improve, she submits a request for FMLA leave for some […]

READ MORE

Has Filing an EEOC Charge Just Gotten Easier?

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 it easier on them and also on the agency itself. The first phase was implemented in 2015 and allowed employers against whom a charge […]

READ MORE

Firing Six Weeks After Charge Enough to Show Retaliation?

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 three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can […]

READ MORE

Can Hugging Be Hostile?

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 company for a number of years ends up filing a charge with the EEOC, asserting a hostile work environment in violation of Title VII, […]

READ MORE

Learning Center Earns River Stars Award

The River Stars Awards are presented each year by the Elizabeth River Project and recognize stewards of the Elizabeth River.  This year a new recognition, the Eastern Branch Award, was presented to the Grandy Village Learning Center (the “Learning Center”).  The award recognizes a community partner which has demonstrated the most progress to reduce pollution […]

READ MORE

Concerned About Protecting Your Trade Secrets?

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 have some significant concerns about making sure that their trade secrets are fully protected from disclosure by employees that move on to greener pastures—this […]

READ MORE