Virginia Employer Law

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

Posted on January 24, 2018 by Elaine I. Hogan

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 that when he runs out, he’ll have to find someone with whom he can swap shifts.  Is this discrimination?…

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EEOC Goes After Another Employer For Failing to Extend Leave

Posted on January 17, 2018 by Elaine I. Hogan

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. Does the employer have an obligation to consider this request under the ADA?…

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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?…

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Harassment Claim Following a Consensual Sexual Relationship?

Posted on January 3, 2018 by Elaine I. Hogan
Posted in Harassment

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?…

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Nursing Mother Fired After Dispute About Where She Could Pump—Discrimination?

Posted on December 20, 2017 by Elaine I. Hogan

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?…

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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 by Elaine I. Hogan
Posted in 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?…

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But It Was For Her Own Good—Is This a Defense to a Discrimination Claim?

Posted on December 6, 2017 by Elaine I. Hogan

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?…

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Over One Million Dollars in Damages for Discrimination Based on Transgender Status?

Posted on November 29, 2017 by Elaine I. Hogan

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?…

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Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?

Posted on November 15, 2017 by Elaine I. Hogan

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?…

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Can An Applicant Bring a Claim of Discrimination After Rejecting a Job Offer?

Posted on November 8, 2017 by Elaine I. Hogan

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?…

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