Every four years, a U.S. presidential election brings voters to an intersection where they decide whether to turn right or left. Halting at these intersections often brings heightened tension and polarizing discourse within...more
Every four years, a U.S. presidential election brings voters to an intersection where they decide whether to turn right or left. Halting at these intersections often brings heightened tension and polarizing discourse within...more
On June 29, 2023, the Supreme Court of the United States held that certain race-conscious college admissions policies violate the Equal Protection Clause of the Fourteenth Amendment, which prohibits discrimination based on...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
On April 14, 2023, the United States District Court for the Eastern District of Virginia (Ellis, J.) declined to conditionally certify a collective of USA Today sports website editors, ruling that the familiar two-step Fair...more
In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School...more
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. Moderna’s expedited application for full approval is still pending, and Johnson & Johnson plans to submit its...more
8/24/2021
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Pfizer ,
Pharmaceutical Industry ,
Prescription Drugs ,
Vaccinations ,
Vaccine Passports
With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against...more
8/13/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Masks ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In July 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry approved an emergency temporary standard for COVID-19. In so doing, Virginia became the first state to issue such a temporary...more
Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...more
In the last two weeks, two drug manufacturers announced the results of late-stage trials for COVID-19 vaccines that show effective rates of 95 percent and 94.5 percent respectively. Another manufacturer also announced...more
By all accounts, the availability of a vaccine for COVID-19 is a matter of when, not if. According to the World Health Organization, as of August 25, 2020, 173 potential vaccines are currently being developed in labs across...more
9/8/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations
Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more
6/23/2020
/ Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
First Amendment ,
Free Speech ,
Hostile Environment ,
NLRA ,
Political Speech ,
Private Sector ,
Protected Activity ,
Race Relations ,
Risk Management ,
Social Networks
On March 21, 2019, Virginia Governor Ralph Northam approved an amendment and reenactment of Virginia Code § 8.01-413.1. The amendment requires employers to produce certain employment documents upon receipt of a written...more
In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation,...more
With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more
10/2/2015
/ Best Management Practices ,
Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NLRA ,
Passwords ,
Protected Concerted Activity ,
Social Media ,
Social Media Account Ownership ,
Social Media Policy ,
Social Networks ,
Title VII ,
User Names