Workplace Harassment

• Sexual Harassment: Generally, sexual harassment in the workplace occurs in two ways. Quid pro quo sexual harassment occurs when an employer makes decisions based upon the worker’s submission to sexual harassment. Hostile work environments in which unwelcome sexual advances and verbal or physical sexual contact constitutes the other main form of sexual harassment.

Workplace Discrimination

• Age Discrimination: Age discrimination is the act of treating somebody, either an employee or an applicant, less favorably due to his or her age. The law forbids discrimination associated with any aspect of employment, including all of the following: hiring, firing, promotions, pay, job responsibilities, benefits, training, and any other particular condition of the job.
• Disability Discrimination: Disability discrimination occurs when an employer or employee treats an applicant or employee less favorably because he or she has a physical or mental impairment. According to the law, an employer is required to provide reasonable accommodations to any employee or applicant with a disability, unless doing so would cause a significant expense or difficulty for the company.
• Equal Compensation: The Equal Pay Act (EPA) is in place to ensure that men and women in the same workplace receive equal pay for equal work. The jobs don’t have to be identical, but they do have to be substantially equal in order to make a fair comparison.
• National Origin Discrimination: As the name suggests, national origin discrimination involves unfavorable treatment of an applicant or employee due to their home country, ethnicity, accent, or because they appear to be of a particular ethnic background.
• Pregnancy Discrimination: Many women are unaware of the fact that the Pregnancy Discrimination Act (PDA) is in place to protect them against discrimination due to pregnancy regarding any aspect of employment, including: hiring, firing, job responsibilities, pay, layoff, promotions, benefits, and training.
• Race/Color Discrimination: Race discrimination in the workplace involves treating an applicant or employee unfavorably due to the their race or the color of their skin.Additionally, this type of discrimination also includes a situation where a person is being treated unfavorably because they are married to a person of a certain race or skin color.
• Religious Discrimination: Religious discrimination is the act of treating a person, either an applicant or employee, wrongfully because of their religious beliefs. The law protects those who belong to organized religions, such as Christianity and Judaism among others, but also those who practice lesser known religions.
• Sex-based Discrimination: Sex-based involves treating an applicant or employee unfavorably due to that person’s sex. It can also involve the unfavorable treatment of a person because of his or her connection with somebody of a particular sex. Additionally, gay, lesbian, and bisexual individuals can bring forth sex discrimination claims.

Whistleblower Protection & Retaliation

Whistleblower Protection – Whistleblowers play a valuable role to the government and the corporate world. Through uncovering fraud, they can save the government and everyday consumers enormous amounts of money and time. However, when companies hear about whistleblowers revealing unethical and improper practices taking place, there can often be significant (illegal) repercussions facing the whistleblower. Wrongful termination, retaliation, and hush money are just a few outlets that companies use to prevent a whistle from being blown. Therefore, the US government has established strong laws to protect whistleblowers and compensate them for taking the risk to uncover fraudulent behavior.

Unpaid Overtime & Employee Misclassification

Unpaid Overtime & Employee Misclassification – Virginia has laws set in place which protect employees from being unfairly compensated. If you believe that your employer violated your rights by failing to compensate you for your hard work, an employment law attorney can help you to recover those lost wages.

Non-Compete Agreements

Non-Compete Agreements – In Virginia, a covenant not to compete (non-compete agreement) is a written agreement that an employee signs agreeing not to go to work for a competitor when they stop working with their current employer.  There are several factors that a court will look to when determining the enforceability of a non-compete agreement, but generally, a non-compete agreement must be reasonable.