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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts in Discrimination.
Virginia Expands Workplace Protections for Individuals with Disabilities

The rapid evolution of Virginia workplace laws continues with the Virginia General Assembly’s passage of HB 1848, which extends employee workplace protections under the Virginia Human Rights Act (“VHRA”) to include a prohibition on discrimination against individuals with disabilities. The VHRA is applicable to Virginia employers with six or more employees.

Effective July 1, 2021, the VHRA requires employers to engage in the familiar, ADA-like, good faith interactive process to determine whether there are reasonable accommodations available that will allow an otherwise qualified individual with a disability to perform their job. 

Supreme Court Extends Anti-Discrimination Protections to Gay and Transgender Employees

In a landmark decision, the United States Supreme Court ruled today in Bostock v. Clayton County, Georgia that gay and transgender employees are protected by federal anti-discrimination laws.  

Thus, as of June 15, 2020, public and private employers are prohibited from discriminating against lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees on the basis of their sexual orientation or identity.

What Is Sexual Harassment?

Recently, the #MeToo movement has cast a spotlight on sexual harassment in the workplace. Despite the media focus on sexual harassment, there still seems to be a fair amount of confusion about what is and is not sexual harassment.

Simply put, sexual harassment is harassment based on an individual’s sex. For legal purposes, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, written or physical conduct of a sexual nature that:

  1. affects an individual’s employment,
  2. unreasonably interferes with an individual’s work performance, or
  3. creates an intimidating, hostile, or offensive working environment.