Virginia Employment Lawyers Archives

Can a single incident of harassment suffice to establish liability?

Yes, a single act of severe harassment can be actionable in certain, limited circumstances. Examples include: female supervisor grabbed waiter’s penis through his pockets; … Continued

In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me?

Yes, the employer may automatically be liable if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or … Continued

What is a hostile work environment?

A hostile work environment is another form of sexual harassment. A hostile work environment is one filled with discriminatory intimidation, ridicule, and insult that … Continued

What is quid pro quo harassment?

Quid Pro Quo Sexual Harassment Quid pro quo harassment is a type of sexual harassment. “Quid pro quo” means “this for that” or “something for … Continued

What are some methods to prove pretext in retaliation and discrimination cases?

Methods of proving that an employer’s reason for taking an adverse employment action is false include: A significant contradiction between yearly performance evaluations, and the proffered … Continued

Is selective application of policy or disparate treatment evidence of retaliation?

Disparate treatment in the selective application of policy is powerful evidence of reprisal. See, e.g., Vieques Air v. DOL, 437 F.3d 102 (1st Cir. 2006) … Continued

How can I combat sexual harassment at work?

No worker should ever suffer sexual harassment and anyone who commits sexual harassment should be held accountable. But these claims can be difficult to … Continued

Can an employer be held liable for customer sexual harassment?

Yes, courts have held that an employer may be found liable for the harassing conduct of its customers. The focus of the inquiry in … Continued

What is sexual harassment?

Sexual harassment is actionable under a hostile work environment theory when the harassing conduct is “sufficiently severe or pervasive ‘to alter the conditions [of … Continued

What is direct evidence of discrimination?

Direct evidence is evidence of conduct or statements that reveal a discriminatory motive for the adverse employment action, i.e., proves the fact of discriminatory animus without … Continued

What is Required to Prove Gender Discrimination?

Absent direct evidence of discrimination, victims of gender-based discrimination can prove their claims under the McDonnell Douglas burden-shifting framework. There are three steps to the McDonnell … Continued

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