Tag: Virginia


Virginia’s New Office of Civil Rights to Target Bias

Virginia Attorney General (AG) Mark Herring has launched a new Office of Civil Rights to help protect residents from discrimination. The move is seen as a response to the cultural awakening the nation experienced in 2020 after high-profile police shootings and the recognition that once-common offensive behavior toward certain gender groups is no longer acceptable […]

Virginia’s new worker privacy law takes effect July 1

by Stacey Rose Harris A new state law in Virginia aimed at increasing worker privacy takes effect July 1. It bars employers from being required to disclose to third parties current and former employees’ personally identifiable information except under certain circumstances. The law, House Bill 1931, says employers can’t be required to disclose the personally […]

Virginia: Don’t Expect EEOC, DOL to Ease Up

by Michael Barnsback, DiMuroGinsberg, P.C. Republicans picked up three U.S. House of Representatives seats in Virginia, defeating Democratic incumbents in the Second, Fifth, and Ninth Districts. The Eleventh District race in northern Virginia between incumbent Democrat Gerry Connolly and Republican Keith Fimian was too close to call at the time of publication, but Connolly held […]

Five Steps to Protect Your Company from Claims under New ADA

by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

Why Wait for the EEOC? Expert Clarifies ADAAA Requirements

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon. To understand the reasons for the delay and how it may affect employers, we spoke with […]

Physical Ability Test Lands Employer in Hot Water

by Hillary J. Collyer As a good employer, you certainly have the right to make sure your employees are physically capable of doing their jobs. Thus, you may require an employee to undergo a medical exam when you have legitimate objective concerns about her continued ability to do the job. That’s fine if the exam […]

Do Your Benefit Plans Violate the ADEA?

by Stephen Stine We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit […]

Virginia Senate Passes Sexual Orientation Bias Protection for State Workers

by Michael E. Barnsback On Monday, February 8, the Virginia Senate passed a bill (SB 66) prohibiting discrimination in state employment that includes sexual orientation as a protected category. Although Governors Mark Warner and Tim Kaine issued executive orders prohibiting discrimination (including sexual orientation discrimination) in the state workforce, this is the first time that […]

Can Employers Discriminate Against Younger Workers?

by Hillary J. Collyer Given the current economic slump, there is a particularly high rate of unemployment among younger workers. Accordingly, employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college. Also, in recent years there’s been a lot […]