Many of us receive our health insurance benefits through
our employment, or through our spouse's employer. What happens
to your health benefits if you are laid off, or if your
spouse dies, or if you divorce? The Consolidated Omnibus
Reconciliation Act of 1986 (COBRA) entitles employees and
their dependents covered More...
Penalties for Violating OSHA Rules
If an Occupational Safety and Health Administration (OSHA)
compliance and safety officer conducts a workplace inspection
that reveals safety hazards, typically citations and penalties
will be issued to the employer. Citations and penalties
are not issued immediately after an inspection; they are
mailed to the employer at a later date. More...
The
ADA and "Reasonable Accommodation"
In 1990, the Americans with Disabilities Act (ADA) was passed
with the intent to remedy discrimination against the disabled,
especially in employment. The ADA defines disability as
a "physical or mental impairment" that substantially
limits one or more "major life activities," i.e.
reading, walking, lifting, learning, hearing, etc. Ability
More...
Workplace
Discrimination & Sex
Federal law prohibits most employers from discriminating
against an employee because of gender. Employees must be
given equal work opportunities and evaluated equally for
job positions, promotions or layoffs. Gender & Job Status
An employer subject to the anti-discrimination laws is not
permitted to: Segregate employees by gender Make decisions
More...
Sexual
Harassment
To
prevail on a Title VII hostile work environment claim, the
plaintiff must establish four elements: (1) unwelcome conduct,
(2) based on the plaintiff’s gender, (3) sufficiently
pervasive or severe to alter the conditions of employment
and to create a hostile work environment, and (4) some basis
for imputing liability to the employer.
More...
Employee's Damages for Discrimination Under the
ADA
If an employer unlawfully discriminates against a disabled
worker and is found liable, the employee may be entitled
to specific types of compensation under the Americans with
Disabilities Act (ADA). The ADA makes it unlawful to discriminate
in employment against a qualified individual with a disability.
The ADA also outlaws More...
Family
& Medical Leave Act (FMLA)
The
Family
and Medical Leave Act (FMLA) provides certain employees
with up to 12 weeks of unpaid, job-protected leave per year.
It also requires that their group health benefits be maintained
during the leave. More...
Unemployment
Benefits
If
you have been involuntarily terminated in Virginia, and
it was not due to some willful misconduct on your part,
you may be able to collect unemployment compensation by
filing with the VEC. Visit the state’s website attached
to see if you meet the requirements. If you have any other
questions with regard to what may constitute “willful
misconduct”, or if you need representation at the
Appeal level , call our office.
Virginia
Employment Commission
Title
IX
Title
IX of the Educational Amendments of 1972 is the landmark
legislation that bans sex discrimination in schools, whether
it be in academics or athletics. Title IX states:
"No person in the U.S. shall, on the basis
of sex be excluded from participation in, or denied the
benefits of, or be subjected to discrimination under any
educational program or activity receiving federal aid."
Athletics has created the most controversy regarding Title
IX, but its gains in education and academics are notable.
Before Title IX, many schools refused to admit women or
enforced strict limits. Some statistics highlighting the
advancements follow:
Intercollegiate Athletics
Title
IX governs the overall equity of treatment and opportunity
in athletics while giving schools the flexibility to choose
sports based on student body interest, geographic influence,
budget restraints, and gender ratio. In other words, it
is not a matter of women being able to participate in
wrestling or that exactly the same amount of money is
spent per women's and men's basketball player. Instead,
the focus is on the necessity for women to have equal
opportunities as men on a whole, not on an individual
basis.
In
regard to intercollegiate athletics, there are three primary
areas that determine if an institution is in compliance:
1. athletic financial assistance
2. accommodation of athletic interests & abilities
3. other program areas
Appraisal
of compliance is on a program-wide basis, not on a sport-by-sport
basis.
While
many resources have been written specific for intercollegiate
sports, the general components of Title IX apply to interscholastic
sport as well.
To establish a Title IX claim on the basis of sexual harassment,
a plaintiff must show that (1) she was a student at an
educational institution receiving federal funds, (2) she
was subjected to harassment based on her sex, (3) the
harassment was sufficiently severe or pervasive to create
a hostile (or abusive) environment in an educational program
or activity, and (4) there is a basis for imputing liability
to the institution. See Frazier v. Fairhaven Sch. Comm.,
276 F.3d 52, 66 (1st Cir.2002). Courts look to case law
interpreting Title VII of the Civil Rights Act of 1964
for guidance in evaluating a claim brought under Title
IX. See, e.g., Davis v. Monroe County Bd. of Educ., 526
U.S. 629, 651, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999);
Franklin, 503 U.S. at 75, 112 S.Ct. 1028.
U.S.
Court of Appeals - Fourth Circuit Opinion
TITLE
IX OF THE EDUCATION AMENDMENTS OF 1972
Title
IX Sexual Harrasment Guidance
ARTICLES
OF INTEREST
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