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Virginia Employment Law Blog

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What Length of Leave is required under the ADA?

In a continuation of a recent post that analyzed what constitutes a “reasonable accommodation” under the Americans With Disabilities Act, this post summarizes a great article by the FMLA Insights blog that looks into the extent a leave of absence constitutes a reasonable accommodation. The article looks at the fact…

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NBA Sued by Employee for Gender Discrimination

A female employee who claims the league forced her and two other women with small children out of their positions has sued the NBA for gender discrimination. Brynn Cohn, who worked as a senior account manager for the past 10 years, claimed the league forced her out because of hostility…

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City Councils Attempt to Interpret EEOC Arrest Record Guidance

Back in May, the EEOC issued new guidance about the extent to which employers could use a job applicant’s criminal arrest history as a factor in the hiring process. Our blog post about the issue summarizes some of the key findings, and I will repeat a few here for clarity.…

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Church Employee Fired for Acts Inconsistent with Church Policies

A Georgia woman has filed a lawsuit against a Warner Robins church after having been terminated after church officials allegedly told her she was “living in sin”. The woman claims she was fired as a Nursery School Coordinator at Friendship Baptist Church after officials questioned her relationship with her fiancé…

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Two Interesting Posts Highlight ADA Nuances

Here are two posts from employment law blogs that illustrate some of the difficulties and contradictions of the ADA, especially when it comes to reasonable accommodations. In the first post, from Eric Meyer of The Employment Handbook, the court held that under the ADA a utility man could have a…

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Walmart Memo Shows More Concern for Labor Rights

In response to recent labor strikes that spread to 28 stores in 12 cities, Walmart issued a confidential internal memo that has been obtained by several news sources. The memo is meant for salaried employees and attempts to deal with the strikes that are the first in the company’s 50…

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UVA Researcher Awarded Damages in Grant-Altering Case

A UVA researcher was awarded a huge $800,000 victory by a federal jury after having been found to have been fired for reporting his supervisor altered a National Institute of Health grant awarded to the researcher. Filing under the False Claims Act and Whistleblower Protection Act, Weihua Huang claimed he…

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Michigan Medical Marijuana Law only protects Public Employees

The Wisconsin Employment and Labor Law Blog provides important information about a recent decision by the 6th Circuit that limited Michigan’s Medical Marijuana Act (MMMA) by allowing private employers to terminate an employee who fails a drug test, even if he or she tests positive only for doctor-prescribed marijuana use…

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NLRB Backs Employer in Facebook-firing decision

Eric Meyer, a partner in the Philadelphia firm Dilworth Paxson, provides an interesting analysis of a recent NLRB decision that upheld an employer’s firing of a car salesman based on photos posted to his Facebook page. The photos involved a Land Rover that was accidently driven over a wall and…

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10th Circuit Finds Transferring Disabled Employee to Different Geographic Location is Reasonable Accommodation

The Enochs Law Firm provides an interesting article regarding a recent 10th Circuit finding that an employee can be transferred to a different location for better medical care, and that this transfer is a reasonable accommodation under the Rehabilitation Act. In the case, Clarice Sanchez, a longtime employee of the…

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