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 […]
Virginia Employment Law
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 […]
Rumors About Sleeping With Her Boss Nets One Employee A Viable Sexual Harassment Claim
By Randi Klein Hyatt on February 12, 2019 in Employment Discrimination, Hostile Work Environment, Sexual Harassment, Virginia Employment Law
In today’s #MeToo age, it is hard not to know that sexual harassment is wrong and illegal. This recent case of unlawful sexual harassment comes with an admittedly unexpected lens. Rumors that a female employee is “sleeping her way to the top” is the latest version of prohibited sexual harassment in workplace. While endless movies, […]
Virginia General Assembly Considering Bills to Allow Employees to Sue for Unpaid Wages
Unlike many states, Virginia does not provide a statutory right for employees to sue their employer for unpaid wages. At present, an employee is limited to filing a complaint with the state Department of Labor & Industry or filing suit for breach of contract. However, two bills introduced by Delegates from both sides of the […]
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