Monthly Archives: July 2013

U.S. Supreme Court Rejects Mixed-Motive Instruction for Title VII Retaliation Cases

Title VII of the civil Rights Act of 1964 is the primary Federal statute that prohibits employers from discriminating against employees on the basis of the race, religion, sex and national origin. In order to lessen and clarify a plaintiff’s burden of proof in discrimination cases, Congress amended Title VII in 1991 to provide that discrimination occurs when a [...]

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Blue Penciling of Non-Competes in Virginia?

Non-competition agreements, AKA non-competes, are enforceable in Virginia provided that they are drafted in terms that are reasonable with regard to duration, geography and scope.  When a non-compete is facially unreasonable because it is vague or overbroad with regard to one of those components, Virginia Courts will refuse to enforce the entire restrictive covenant. Enter the [...]

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Supreme Court Clarifies Standard for Supervisor Liability in Harassment Cases

Under Title VII, an employer may be liable for the workplace harassment of employees that is based on sex, race, religion or national origin.   The standard for liability often begins with the employment position of the alleged harasser.  When the harasser is a co-worker, a plaintiff must show that the company had knowledge of continuous and pervasive [...]

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