Virginia Employer Law
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?…READ MORE
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 a performance improvement plan and then terminated in connection with a company restructuring. Can she then bring a claim for sexual harassment?…READ MORE
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 objects to this new policy, claiming that it will inhibit her ability to do her job properly. Following a number of heated exchanges about the issue, the employee is later terminated, purportedly for something totally unrelated. Can she bring a claim of discrimination?…READ MORE
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 of situation and an employee failed to follow it. But what if the employee takes the position that reporting it will do no good?…READ MORE
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. Is this discrimination?…READ MORE
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 Title VII?…READ MORE
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. The policy applies across the board, no matter what the medical condition or what the employee’s position. Is this lawful?…READ MORE
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 female candidate is ultimately offered the job, but at a lower salary than was even advertised. The female candidate is also told by another company representative that the general manager would likely try just to push her out if she takes the job. Based on all of this, the female candidate turns down the job offer. Since the female candidate rejected a job offer from the company, can she really bring a claim for discriminatory failure to hire?…READ MORE
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?…READ MORE
So When Do You Need to Pay Employees For Breaks?
The Situation: An employer rolls out a new system under which employees are free to log off and take breaks whenever they choose—but they will only be paid for the time if they log back in within ninety seconds. Is this a violation of the FLSA?…READ MORE