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Disabled Student’s Inappropriate Touching Did Not Create a Hostile Work Environment

Garrett Wozniak
Garrett Wozniak
08/02/2022
Sexual Harassment, Virginia Employment Law
In a recent decision, the Fourth Circuit Court of Appeals considered the difficult circumstances in which special education teacher often operate and how that environment can intersect with protections against workplace discrimination and harassment.  The case, according to the court, brought “to light the difficult balance that schools must find between ensuring that all students have access to a public school education while simultaneously...
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Court Dismisses Hostile Work Environment Claim

Eric Paltell
Eric Paltell
07/27/2022
Disability & Leave, Virginia Employment Law
The United States District Court for the Eastern District of Virginia recently dismissed a claim of hostile work environment  under the Rehabilitation Act.  Katz v. Department of Justice, No. 1:20-cv-554 (June 20, 2022). In dismissing the case, Judge Ellis found that the plaintiff's own pleadings doomed his claim.  The plaintiff was employed as a Special Agent for the DEA from May 1996 until April 2020. In 2017, Katz was diagnosed with a brain...
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Kiss, Hugs, and Rude Comments Not Enough for Viable Sex Harassment Claim

Garrett Wozniak
Garrett Wozniak
06/28/2022
Sexual Harassment, Virginia Employment Law
Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s . . . sex.”  42 U.S.C. § 2000e-2(a)(1).  Title VII’s prohibitions cover sex-based harassment that is “sufficiently severe or pervasive” such that it amounts to an actual change in an individual’s...
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Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

Eric Paltell
Eric Paltell
06/03/2022
Public Sector Employment Law, Race Discrimination, Virginia Employment Law
The United States Court of Appeals for the Fourth Circuit recently denied an Alexandria, Virginia firefighter's claim that he was denied a promotion to a paramedic position because he is Black.  Lyons v. City of Alexandria, No. 20-1656 (4th Cir. 6/1/22). The Court affirmed a grant of summary judgment to the City of Alexandria, finding that the Appellant had misunderstood the City's promotion policy and failed to present any evidence of racial...
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Virginia Court Enforces Forum Selection Clause

Eric Paltell
Eric Paltell
06/01/2022
Restrictive Covenants, Virginia Employment Law
A federal court in Richmond, Virginia recently held that a Massachusetts employee who left the company and began soliciting former clients was required to defend her actions in a Virginia court, even though she never worked in Virginia. The Hill Group of New England, LLC, v. Susan LePage, No. 3:21cv757 (E.D. Va. 5/16/22).   The decision is a stark reminder that employees who sign restrictive covenant agreements as part of their employment need to...
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Attorney’s Participation in Sexual Harassment Investigation Waives Attorney-Client Privilege

Jordan Dunham
Jordan Dunham
05/22/2022
Sexual Harassment, Virginia Employment Law
Communications between an attorney and its clients are privileged, and must not be shared in discovery.  However, when that privilege is waived, communications between a client and the attorney lose their protection and become discoverable.  That is what a U.S. District Court Judge concluded in a lawsuit filed in the U.S. District Court for the Western District of Virginia. In Jennifer Berry Brown v. Town of Front Royal, VA, Civil Action...
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Placement on Leave Pending Investigation is Not Adverse Action

Eric Paltell
Eric Paltell
12/17/2021
Retaliation, Virginia Employment Law, Whistleblowers
When employers conduct investigations into suspected employee misconduct, they often place the employee on administrative leave pending the outcome of the investigation.  The United States District Court for the Eastern District of Virginia recently held that placing an employee on such a leave does not amount to an adverse employment action under the anti-retaliation provisions of the Sarbanes-Oxley Act.  Kashif v. PNC Bank, Civil Action No,...
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Eric Paltell Presents on Collective Bargaining at Virginia Association of Counties Meeting

Kollman & Saucier
Kollman & Saucier
12/09/2021
Labor Law, Public Sector Employment Law, Virginia Employment Law
On May 1, 2021, Virginia's new law permitting local governments to enact collective bargaining legislation for employees took effect. On November 15, 2021,  K&S Partner Eric Paltell joined Virginia Senator Jennifer Boysko, Loudoun County Administrator Tim Hemstreet, and attorney Cynthia Hudson on a panel discussing the new law at the Virginia Association of Counties Annual Meeting in Norfolk.  Eric's presentation focused on steps...
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Employee’s Pandemic-Related FMLA Claims Survive Dismissal

Garrett Wozniak
Garrett Wozniak
11/11/2021
COVID-19, FMLA, Virginia Employment Law
At the risk of stating the obvious, employees and employers alike have faced challenges throughout the COVID-19 pandemic.  Many have approached these challenges with an open-mind, flexibility, compassion.  A recent decision from a federal court in Virginia provides a useful reminder of these principles in the context of a worker’s claim that his former employer interfered with his rights under the Family and Medical Leave Act...
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Jury Must Decide If Employee Required to Arbitrate

Eric Paltell
Eric Paltell
10/14/2021
Arbitration, Virginia Employment Law
One of the reasons employers sometimes require employees to enter into an arbitration agreement is that it eliminates the risk of having a jury decide the outcome.  However, a Virginia judge recently ruled that an employer must have a jury trial on the issue of whether or not the employee is even required to arbitrate his or her claims.  Davis v. Young & Associates, Inc., No. 1:20-cv-00061 (W.D. Va. 9/15/21) (Abingdon Div.) The case...
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