Question:  Can I be convicted of DUI in Virginia when I wasn’t driving (and wasn’t even intending to drive)?  I was sitting in my parked car, with the engine off, to listen to my radio.  I was in my own driveway, did not turn on the car at any time, and was sleeping?  I was arrested in Fairfax for DUI.  How is that “driving” under the influence of alcohol?!?!?!?!  It is more “DUI sleeping in

The Arlington County, Virginia government has adopted a “ban the box” policy.  This policy delays criminal record inquiries until later in the hiring process. Proponents of the “ban the box” movement argue that considering criminal records early in the hiring process results in racial discrimination because minorities have a higher conviction rate than other applicants.  This may be reflected in bias within the criminal justice system.  They also argue that it hurts rehabilitation for one

In a recent decision, the United States Court of Appeals for the Fourth Circuit confirmed that a viable retaliation suit can proceed in federal court with an untimely discrimination claim. The retaliation claim need not be filed with the Equal Employment Opportunity Commission (“EEOC”) before it is filed in federal court.  The decision is Hentosh v. Old Dominion University, No. 13-2037 (4th Cir. Sep. 24, 2014). The plaintiff, a Caucasian professor at Old Dominion University

The Virginia Court of Appeals recently dismissed an appeal by a woman seeking to challenge one of the monetary terms of her divorce after her husband died. The Court dismissed the appeal because the wife should have named the husband’s personal representative, and not his estate, as the adverse party after his death.  The decision is Loewinger v. Estate of Stephen J. Loewinger.  During the divorce proceedings, the wife argued that she should receive half

Yes.  Under the Title VII of the Civil Rights Act of 1964, private employers with 15 or more employees must keep copies of applicants’ resumes for 1 year after they are received or after the hiring decision, whichever occurs later, including internet submissions.  (State laws may require longer retention.)  Unsolicited resumes, however, need not be retained unless the employer considers the resumes for potential positions.  Thus employers should have a policy not to review unsolicited