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Virginia Employment Law Blog

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Eleventh Circuit Weighs In On Essential Job Functions

The Eleventh Circuit recently provided insight as to how federal courts analyze disability discrimination law claims when it held that firing a truck driver because he was diagnosed with alcoholism is not a violation of the Americans with Disabilities Act (ADA). Title I of the ADA grants certain protections to…

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Boyer-Liberto v. Fontainebleau Corp. Part III: Fourth Circuit Issues a Rehearing

Do you think that the Fourth Circuit got it wrong when it decided against an employee who was called a “porch monkey” more than once by a coworker and was fired from her job shortly after she complained?   You are certainly not alone.  Ms. Boyer-Liberto’s complaints about the racists…

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Fourth Circuit Decision Offers Guidance on Race Discrimination: Hostile Work Environment/Retaliation Claims, Part 2: What This Case Teaches Us

On Friday, we discussed the recent discrimination case at arising from employment at a hotel bar between Reya Boyer-Liberto and her former employer, the Fontainebleau Corporation. We move on today to what we can learn from this case of racial language used in the service industry.   What the Case Teaches…

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Fourth Circuit Decision Offers Guidance on Race Discrimination: Hostile Work Environment/Retaliation Claims, Part 1: What Happened and the Law

Have you ever wondered how bad your working conditions have to become your work is a “hostile work environment?”  A recent case may help you decide whether you’re in a position to take legal action. Reya Boyer-Liberto, an African-American woman, sued the Fontainebleu Corporation and her boss Leonard Berger for racial…

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Mandatory Sexual Harassment Trainings for Congress and Their Staffs?

You’ve likely heard by now the story of freshman Louisiana Congressman Vance McAllister (R-La.) kissing one of his staffers.  Now, Rep. Jackie Speier (D-Calif.) is trying to make it so that Representatives and their staffs have to undergo mandatory sexual harassment training. Unlike the rest of the federal government and…

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Unpaid Interns Earn the Right to Sue in NYC

In 2013, Lihuan Wang, then a student at Syracuse University and an unpaid intern for Phoenix Sattelite Television, sued Phoenix because her supervisor took her to lunch and to a hotel room where he kissed her by force and grabbed her buttocks.  She resisted and, later, Phoenix wouldn’t hire her.…

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Game Change? Judge Rules on Discrimination Protection for Gays

A United States District Court Judge in the District of Columbia issued a recent opinion that could radically change the discrimination protections afforded to members of the LGBT community, but perhaps not in the way that you would expect. In a complaint filed in the federal district court in D.C.,…

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Severance Agreements: What You Need to Know

The process of being separated from your company is often a surprising, confusing, and emotionally trying.  You walk into a routine meeting with a supervisor only to find that a Human Resources representative is also present.  Your supervisor hands over a lengthy document containing complex legalese that may not make…

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The College Athlete as an Employee: Part 1 of Who Knows?

This is the beginning of a series on the implications of today’s National Labor Relations Board (“NLRB”) decision that Northwestern’s football players, “are employees of the school and therefore entitled to hold an election to decide whether to unionize,” according to The Chicago Tribune. We’re going to start by focusing…

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