Blogs

Employment Law

New “Know Your Rights” Poster Issued by the EEOC

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated version of the “EEO is the Law” poster that covered employers are required by federal law to post in a conspicuous workplace location. The new “Know Your Rights” poster includes updates to the language and formatting to make it more straightforward, highlights that…

October 24, 2022

Employment Law

Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity? Not according to Virginia and Other States

On July 27, 2022, Virginia joined forces with more than twenty other states to file a lawsuit against the U.S. Department of Agriculture (USDA), in response to that agency’s recent guidance advising that Title IX of the Education Amendments of 1972’s (Title IX) prohibition of discrimination in educational programs “on the basis of sex” is…

August 22, 2022

Employment Law

501(c)(3) Tax Exempt Status, Private Schools, and Title IX

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in any education programs and activities that receive federal funds and financial assistance. Federal financial assistance typically consists of grants or loans made available by the federal government to fund things such as student scholarships and improvements to…

August 12, 2022

Employment Law

Protecting Your Business’s Social Media Accounts

As I revisited our earlier blog below from 2013, I’m compelled to share that it’s always a good time to review all social media accounts at your business and protect your intellectual property. It’s important to avoid infringements of your social media business name or handle, photos you post and content that is uniquely yours.…

August 2, 2022

Employment Law

The Pandemic Has Evolved: EEOC Issues Updated COVID-19 Viral Testing Guidance for Employers

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its guidance Q&A responses to employers relating to COVID-19 workplace issues and the ADA . Most notably, the EEOC has changed its view on when employers can mandate COVID-19 viral testing for workers and still be in compliance with the ADA.[1] Out with the…

July 21, 2022

Employment Law

Fourth Circuit: Title VII Doesn’t Require Civility at Work

It is a bedrock principle of U.S. law that employment discrimination on the basis of sex is prohibited under Title VII of the Civil Rights Act of 1964. And, of course, hostile work environment sexual harassment is a subset of employment discrimination that involves unwelcome conduct because of sex that is sufficiently severe or pervasive…

July 18, 2022

Employment Law

Are Emotional Distress Damages Recoverable Under Title IX? No, Says the Supreme Court.

Title IX of the Education Amendments of 1972 (“Title IX”) has been front and center news lately. The statute, which is still best known as the law enacted by Congress to remediate discrimination in student athletics, officially turned 50 on June 23, 2022. That same day, the U.S. Department of Education proposed major revisions to…

July 11, 2022

Employment Law

What Impact Will the Biden Administration’s New Proposed Title IX Regulations Have on Colleges and Universities?

Perhaps you have been on vacation in some remote destination, or your attention has been diverted by other demands, like the House’s January 6 hearings, and you might be wondering: What’s new in higher ed? Plenty. Title IX of the Education Amendments of 1972 (“Title IX”) officially turned fifty on June 23, 2022. That same…

July 6, 2022

Employment Law

DOLI Moves to Repeal Virginia’s COVID-19 Workplace Safety Regulations

As summarized in a recent blog post about COVID-19 workplace facemask requirements, Virginia was one of the first states in the U.S. to implement comprehensive emergency temporary COVID-19 workplace safety regulations, with a permanent set of regulations (“Permanent Standard”) implemented in September 2021, by the Virginia Department of Labor and Industry’s (“DOLI”) Safety and Health…

February 24, 2022

Employment Law

Are Facemasks Still Required in Virginia Workplaces?

Back in July 2020, Virginia became one of the first states in the U.S. to implement comprehensive emergency temporary COVID-19 workplace safety regulations. Then, on September 8, 2021, the Virginia Department of Labor and Industry’s (“DOLI”) Safety and Health Codes Board (the “Board”) approved a permanent set of regulations governing workplace safety standards and disease…

January 28, 2022