Workplace Harassment Reporting—Is There an App for That?

the situation According to the EEOC and other sources, a large majority of all workplace harassment goes unreported.  Perhaps this is because employees don’t feel comfortable reporting workplace harassment.  But perhaps it is also because employers don’t always ask the right questions or utilize the best information-gathering methods. So how can artificial intelligence be used […]

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Does Refusing a Request to Work Remotely Equal Discrimination?

the situation An employee has to be on bed rest for a number of months because of a medical condition.  She requests that you allow her to telecommute.  But because her job duties involve a lot of in person presentations and face to face meetings, you deny this request and require her to take unpaid […]

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Can you Fire an Employee for Telling a Customer He is Gay?

the situation An employer terminates an employee after he talks openly about his sexual orientation with a customer.  Could this constitute discrimination under Title VII? the ruling The EEOC has taken the position that Title VII prohibits sexual orientation discrimination. But a number of federal appellate courts have disagreed.  Just yesterday, the Second Circuit ruled […]

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Can You Require Employees to Get a Flu Shot?

the situation An employer has a policy requiring all new employees to get a flu shot. After a job offer is extended to a certain applicant, she tells the employer that she has a religious objection to getting a flu shot.  If the employer revokes the job offer, is this discrimination? the ruling It might […]

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Does Calling Someone a B*tch Create a Hostile Work Environment?

the situation A female employee claims that a male co worker has repeatedly called her a stupid b*tch.  Can she successfully assert a claim for hostile work environment?

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Can an Employee Assert Defamation Based on Info Given to the EEOC?

the situation A former employee files an EEOC charge. The EEOC requests a position statement and the employer provides it.  Can the employee later use that position statement to support a claim for defamation?

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Davenport Scheduled to Speak at 2018 VTLA Annual Convention

VIRGINIA TRIAL LAWYERS ASSOCIATION – 2018 ANNUAL CONVENTION Darius Davenport is one of the scheduled speakers at this year’s Annual Convention which is being held in Williamsburg, Virginia from March 22 – 25th. >  2018 Convention Brochure

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Schultz Inducted as a Fellow in the Virginia Law Foundation

Crenshaw, Ware & Martin, P.L.C. is proud to announce that Donald C. Schultz has been inducted as a Fellow in the Virginia Law Foundation, the philanthropic arm of the Virginia bar. Each year the Foundation selects a group of top lawyers and retired judges for their integrity, character, and legal excellence. With his induction in […]

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Is An Allergy a Disability?

the situation An applicant for a position in a hospital has a latex allergy, meaning he could have a reaction to the latex gloves used with regularity in the hospital. Is this allergy a disability? And, if so, what does the hospital have to do to accommodate it?

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How Far Do You Have to Go to Accommodate a Religious Belief?

the situation An employee who is normally scheduled to work one Saturday a month tells you that he cannot do so because he is a Seventh Day Adventist (and thus celebrates Sabbath on Saturdays). You tell him he is free to use leave for any Saturdays on which he would otherwise have to work, but […]

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