Contact by Email View LinkedIn profile Print PDF Download V-card

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.
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.


  • 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
Can Ability to Work Overtime Be an Essential Function of a Job?
Posted on March 21, 2018
The Situation: An employee’s medical condition prevents him from being able to work overtime.  If the employer terminates him as a result, could this be disability discrimination? the ruling Maybe not.  A federal…...
Read More
Workplace Harassment Reporting—Is There an App for That?
Posted on March 14, 2018
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…...
Read More
Does Refusing a Request to Work Remotely Equal Discrimination?
Posted on March 7, 2018
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…...
Read More
Can you Fire an Employee for Telling a Customer He is Gay?
Posted on February 28, 2018
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…...
Read More
Can You Require Employees to Get a Flu Shot?
Posted on February 21, 2018
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…...
Read More
Does Calling Someone a B*tch Create a Hostile Work Environment?
Posted on February 14, 2018
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? the ruling It depends on…...
Read More
Can an Employee Assert Defamation Based on Info Given to the EEOC?
Posted on February 7, 2018
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…...
Read More
Is An Allergy a Disability?
Posted on January 31, 2018
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…...
Read More
How Far Do You Have to Go to Accommodate a Religious Belief?
Posted on January 24, 2018
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…...
Read More
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.…...
Read More
Lawyer Search