The Employment Law Chronicle

Several times a week, I am asked whether an employer can fire an employee without a good reason. In the District of Columbia and Virginia, the answer is usually yes. That is because employment in D.C. and Virginia is “at-will” unless a contract or statute states otherwise, or unless a public policy exception exists. Employment “at-will” means that the employer or employee may terminate the employment relationship at any time, for any lawful reason, or for no reason at all.

Courts in Virginia and the District of Columbia have carved out “narrow” exceptions to the at-will doctrine for claims of "wrongful termination" or "wrongful discharge" in violation of public policy. The highest courts of the respective jurisdictions have expressed the public policy exception to the at-will doctrine as follows:

Continue reading "At-Will Employment & Wrongful Termination in D.C. & Virginia" »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Law 101 (Virginia & D.C.) , Employment Law Summaries , Torts (Defamation, Etc.)

Bookmark:

In my ongoing effort to chronicle in one place (this blog) the major employment laws affecting employers in Virginia and the District of Columbia, here is an overview of the Reconstruction Era Civil Rights Acts as applied to modern-day employment discrimination lawsuits.

Continue reading "Federal Employment Law: Reconstruction Era Civil Rights Acts: 42 U.S.C. §§ 1981, 1983, 1985, and 1986." »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Age Discrimination , Disability Discrimination , Employment Discrimination , Employment Law Summaries , Employment Laws (DC, Virgnia & Fed.) , Federal Laws , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy

Bookmark:

In an ongoing series aimed at answering frequently asked employment-law questions, here are the basics of "Employment Discrimination."

Continue reading "Employment Discrimination: FAQ's" »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Discrimination , Employment Law Summaries

Bookmark:

Here are answers to some frequently asked questions about employment Separation Agreements, Severance & Release Agreements:

Continue reading "Employment Separation, Severance, and Release Agreements: FAQ's" »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Agreements , Employment Law Summaries

Bookmark:

Unfortunately, in today’s economy, plant closures and downsizings have become all too common. Treating employees with fairness and dignity are always necessary and good business practices. Fairness is also key to minimizing the risk of post-layoff employment discrimination lawsuits, which can end up costing the business more than was saved from the layoff.

Because an ounce of prevention is worth a pound of cure, here are some tips for employers to consider before restructuring the company's workforce:

Continue reading "Layoffs & Reductions-in-Force: Avoiding the Legal Pitfalls & Perils" »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Law Summaries

Bookmark:

The ADA requires covered employers to make a reasonable accommodation to the known disability of a qualified applicant or employee if the accommodation would not impose an "undue hardship" on the employer's business.

In general, undue hardship means an action that requires significant difficulty or expense, when considered in light of these factors:

(i) the nature and cost of the accommodation needed under the ADA;

(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and

(iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered
entity.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Disability Discrimination , Employment Law 101 (Virginia & D.C.) , Employment Law Summaries , Glossary of Employment Law Terms

Bookmark:

The ADA protects employees or applicants who satisfy the test of being a "qualified individual with a disability," which means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job. If an employee or applicant satisfies the definition of being a qualified individual with a disability, then the employer must provide a reasonable accommodation unless doing so would impose an undue hardship on the employer's operations.

Continue reading "Who is Covered by the Americans With Disabilities Act (ADA)?" »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Disability Discrimination , Employment Law 101 (Virginia & D.C.) , Employment Law Summaries , Glossary of Employment Law Terms

Bookmark:

Employers in Virginia, the District of Columbia and nationwide need to ensure that testing and selection procedures used to screen job applicants or existing employees for advancement or other opportunities do not have a discriminatory impact on the basis of race, sex, age, disability or other protected category. In recent years, testing and selection criteria have been a prime target of the Equal Employment Opportunity Commission's (EEOC) enforcement efforts. For example, in November 2006, the Eighth Circuit affirmed a $3 million judgment in EEOC v. Dial Corp resulting from a strength test that appeared to have excluded women from entry-level jobs. In 2007, Ford Motor Company, two of its affiliates, and the UAW entered into a $1.6 million settlement stemming from cognitive apprenticeship tests that appeared to have excluded African Americans. That settlement came on the heels of an $8.5 million settlement in a related case.

In the wake of these multi-million dollar judgments and settlements, the EEOC issued a fact sheet to assist employers in understanding how to avoid employment discrimination claims based on tests and other selection criteria.

Continue reading "EEOC Best Practices: How to Test Employees Without Violating Discrimination Laws" »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Age Discrimination , Company Handbooks & Policies , Disability Discrimination , Employee Testing & Screening , Employment Discrimination , Employment Law 101 (Virginia & D.C.) , Employment Law Summaries , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy

Bookmark: