Category Archives: Employment Law

The Arlington County, Virginia government has adopted a “ban the box” policy.  This policy delays criminal record inquiries until later in the hiring process. Proponents of the “ban the box” movement argue that considering criminal records early in the…

In a recent decision, the United States Court of Appeals for the Fourth Circuit confirmed that a viable retaliation suit can proceed in federal court with an untimely discrimination claim. The retaliation claim need not be filed with the…

Yes.  Under the Title VII of the Civil Rights Act of 1964, private employers with 15 or more employees must keep copies of applicants’ resumes for 1 year after they are received or after the hiring decision, whichever occurs…

Yes, according to a recent Court of Federal Claims decision that expands Federal wage and hour law to include a timeliness-of-pay requirement.  The case involves a class action by federal employees forced to work during the shutdown (such as…

With the recent advent of “lifestyle discrimination” protection, the answer is increasingly becoming “no”.  Lifestyle discrimination laws include various statutes enacted across the country spanning topics from tobacco use to personal morality.  While exceptions exist, the law has generally…

Yes, according to recent guidance of the Equal Employment Opportunity Commission (EEOC), although the issue is currently pending before the United States Supreme Court.  The EEOC recently issued guidance that extends the protections of the Pregnancy Discrimination Act (PDA)…

According to the Equal Employment Opportunity Commission, an employer cannot have a blanket policy against employing individuals with criminal records.  In 2012, the EEOC issued guidance stating that such policies have a disproportionately negative impact upon racial minorities.  Prior…

No, according to the 4th Circuit Court of Appeals.  The 4th Circuit recently dismissed such a claim in its decision in Discovery Communications, LLC v. Computer Sciences Corporation, No. 13-1969.  That case involved a chief accounting officer who allegedly…

A recent 4th Circuit decision opens up claims of employer liability for failing to prevent customer harassment of an employee.  Finding that a negligence standard applies to such claims, the 4th Circuit held that the employer may have behaved…

While traditionally the answer is “no,” a recent Federal Court of Appeals decision suggests that, in some circumstances, the answer is now “yes.” Telecommuting appeared as a workplace phenomenon in the 1970s, primarily to reduce fuel consumption during the…