The Virginia General Assembly is considering legislation that will create new civil penalties for employers who improperly classify workers as independent contractors instead of employees. The two bills, H.B. 1407 and S.B 744, have been approved by the House and Senate. Once the two versions are reconciled, the legislation is expected to be signed by […]
Virginia Employment Law
Massanutten Not Liable for Massage Therapist’s Sexual Assault
Sometimes even cynical employment attorneys like myself come across a case that leaves us shocked at what people will sometimes do in the course of their employment. I recently found that to be the case with Lett v. Great Eastern Resort Management, a decision from the United States District Court for the Western District of […]
Virginia Employer Dodges FMLA Bullet
A recent FMLA case out of the United States District Court for the Western District of Virginia brings to mind the expression “its better to be lucky than good.” In the case of Trail v. Utility Trailer Manufacturing Company, No. 1:18CV00037 (W.D. Va. 1/8/20), a Southwest Virginia manufacturer succeeded in getting a former employee’s FMLA […]
Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII
By Andrea Murphy on December 16, 2019 in Employment Discrimination, Sexual Harassment, Virginia Employment Law
A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII. Back v. Commonwealth of Virginia, et al., […]
Virginia School Teacher Fails to Prove Discrimination
An Arlington County pre-kindergarten school teacher saw his claim of gender discrimination rejected by a federal court when the County did not renew his contract due to poor performance. In Ostrem v. Arlington County School Board, Judge Hilton of the United States District Court for the Eastern District of Virginia granted summary judgment to the […]
Court Rejects Virginia Tech’s Argument That EEOC Acted Too Quickly in Dismissing EEOC Charge
As most parties who have been before the EEOC know, it can often take many months, if not years, for the agency to complete its investigation of a charge of discrimination. However, there are times where the EEOC moves very quickly to dismiss a charge. That is exactly what happened earlier this year in a […]
Documentation of Performance Issues Defeats Employee’s Claims of Retaliation
Employers may find it concerning when their employees with performance issues also complain of workplace discrimination. A recent decision out of the Eastern District of Virginia illustrates how progressive discipline, documentation of employee work performance problems, and investigation of employee workplace complaints can help protect employers in the long run. Gooding-Williams v. Fairfax County School […]
Virginia Court Dismisses Late-Filed Discrimination Suit
The Americans With Disabilities Act, like most other federal anti-discrimination statutes, requires that an employee file suit within 90 days of their receipt of a Right to Sue Notice from the Equal Employment Opportunity Commission. A Virginia man recently found out that federal courts take this requirement seriously when the United States District Court for […]
Virginia Court Enforces Narrowly Drawn Restrictive Covenants
Restrictive covenants in employment agreements are often hotly contested, and can be difficult for employers to enforce. The Circuit Court of Fairfax County recently addressed the complexities of these agreements in ruling that a non-solicitation and non–disclosure agreement was enforceable, while a non-competition provision was not. Omnisec International Investigations, Inc., et. al. v. Slavica Stone, […]
Fourth Circuit Rejects Professor’s Pay Discrimination Claim
On March 18, 2019, the United States Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment to Virginia State University, rejecting a sociology professor’s claims that she was paid less than two male colleagues because she is a woman. The Court agreed with Senior District Court Judge Henry Hudson that the […]
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