This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

On February 6, 2020, the Virginia Values Act passed HB 1663 in the Virginia House by a vote of 59 to 35 and SB 868 in the Virginia Senate by a vote of 30 to 9. The new legislation adds sexual orientation and gender identity to the state’s civil rights protections in the Virginia Human Rights Act.

The Virginia House published a summary of the new legislation, establishing several new civil claims as unlawful discrimination. The original summary of HB 1633 provides a good summation of this landmark legislation:

[The new law] creates explicit causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation, by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons.

The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.

Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual’s sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, marital status, or status as a veteran as an unlawful housing practice…

For the first time, the new law applies all of Virginia’s anti-discrimination laws to public accommodations, such as retail stores and restaurants. It is a month of major change for civil rights in the Commonwealth of Virginia.

If you are in need of employment law representation or advice, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.

ShowPlace ICON Theatre at The Boro is officially open!

You can now access all of the latest releases, highest-quality visuals and sounds, and luxurious accommodations 7 days a week. This state-of-the-art facility brings you all of the newest technology for premium movie-watching experiences, including wall-to-wall screens, Dolby Atmos sound and all-laser projection. Centrally located in the heart of Tysons, the theatre is just a short walk from the nearby Metro Station and Whole Foods location.

Plus, guests can customize their experiences according to individual preferences. Take advantage of the plush, heated recliners, adjustable headrests and extensive legroom. Select your reserved spot from an array of viewing experiences, ranging from standard, 226-seat auditoriums to more intimate, 45-seat auditoriums.

Choose from our vast menu of light bites, fresh appetizers and gourmet entrees, which can be enjoyed during the movie or in one of our charming restaurants.

During a family outing or casual bite with friends, visit the ICON Bistro for a tasty American cuisine that’s sure to have something for everyone. Guests over 21 can also join us in the Lobby Lounge, which provides a more comfortable and mature environment. Here you can find crave-worthy bites and gourmet entrees to pair with locally sourced craft beer, wine and a curated list of cocktails.

This theatre is completely redefining the moviegoing experience. ICON Tysons is pairing its industry-leading customer service and innovative app/website to ensure that nearly any request can be met. Auditorium doors close upon a film’s start, a unique policy meant to ensure that screenings are not interrupted.

Guests can get even more benefits by joining one of ICON’s monthly membership programs, which include free online booking, special pricing on select titles, free small popcorn and other exclusive offers. And all guests over 21 can enjoy Happy Hour deals in the Lobby Lounge Monday through Friday.

Experience the latest and greatest in moviegoing now by checking out screening times on the ShowPlace ICON website.

Meet Chester, a white male American Bulldog available for adoption locally.

Here is what his friends at Lost Dog & Cat Rescue Foundation have to say about him:

Chester is an absolute sweetheart! This gentle giant lived successfully with children in his previous home for years. He is very loving and loyal, and is used to sleeping in his owner’s bed every night.

Chester is house trained and is able to be left alone for up to eight hours at a time. He is also good on a leash and knows “sit,” “come,” and “lay down.” His favorite game is “keep away” and he loves chewing on antlers.

Chester just wants someone to love if you are looking for an adorable couch potato!

Are you and Chester a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

Virginia Tech’s forthcoming Innovation Campus continues to develop as the university works to deliver 750 master’s degree graduates annually by the end of the decade.

While the new campus will help cement the university’s regional footprint, Virginia Tech has been quietly providing graduate education opportunities in the greater Washington, D.C., metro area since 1969.

Virginia Tech’s Pamplin College of Business has offered its MBA programs in this region for decades and more recently made the decision to narrow its focus to working professionals in urban centers across the commonwealth.

“What we did at Virginia Tech a few years ago was to say that we really want to focus on the working professional — someone who wants to enhance their career or make a change in the direction of their career, but not at the expense of continuing to be a business professional,” says Pamplin Dean Robert Sumichrast. That allows those students to come into the classroom, he adds, “and use what they’ve learned as part of the experience of the MBA program.”

The No. 14 nationally-ranked Evening MBA program is based in Falls Church and designed to provide maximum flexibility. Students can change their course load each semester to balance work and other commitments. They also have the option to focus their degree in one of 10 specialization areas, including traditional business topics like finance and management, and some more niche areas like healthcare information technology.

Arlington is home to the Executive MBA program, an 18-month, cohort-based option for mid-career professionals. The curriculum is centered around experiential learning modules that provide students with hands-on experience in topics like business analytics and leadership and governance.

The Professional MBA program is a 24-month hybrid option with once-per-month in-person classes that rotate between Richmond, Roanoke and Newport News.

Pamplin’s focus on working professionals extends beyond its MBA programs. The college also offers part-time formats for its Master of Science in Business Administration — Hospitality and Tourism Management and Ph.D. in Business — Executive Business Research at the Falls Church location.

A 100% online Master of Information Technology offered in collaboration with the College of Engineering is available to part-time students across the globe and can be earned as a dual degree with the Evening MBA program.

To learn more about Virginia Tech’s MBA programs, visit mba.vt.edu or register to attend an upcoming information session.

Meet Hazel, a female Pit Bull mix available for adoption locally.

Here is what her friends at Lost Dog & Cat Rescue Foundation have to say about her:

She brings joy and sunshine into every room she enters. She can turn any frown upside down. She’s the friendly, cuddly Hazel!

As she trots through the halls of Lost Dog Rescue, Hazel holds her head high to accept pats and greetings from everyone she passes. Always full of happiness, she can’t help but wiggle her whole body at all times. She knows how to sit and absolutely LOVES to give hugs, but not as much as she enjoys receiving them.

Hazel is potty trained and is such a pleasure to take for walks. Hazel is basically the best dog ever. If you can give her a lifetime of unlimited hugs, Hazel will accept your application to adopt her today!

Are you and Hazel a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Government contractors, federal employees and military personnel holding security clearances have a duty to self-report security issues that happen between investigations.

Not reporting timely security concerns can lead to a loss of one’s security clearance in itself. Unfortunately, there are often uncertain about self-reporting and when and how it applies to a clearance holder.

The Duty to Self Report

The duty to self-report was best defined by an administrative judge from the Defense Office of Hearings and Appeals (DOHA) in a 2001 case: “[I]t is the responsibility of security clearance holders to report events which negatively affect the status of the security clearance holder or the facility. [A]ny information… [which] reflects adversely on the integrity or character of a security clearance holder should be reported to security personnel to avoid compromising situations that make the security clearance holder vulnerable to coercion, exploitation, or duress.”

Examples of What Might be Reported

A reportable security concern is an incident that falls under one of the Adjudicative Guidelines contained in Security Executive Agent Directive 4 (SEAD 4). In most cases, legal counsel should be consulted to determine how to self-report an issue. The following are just a few of the more common examples of security issues that could trigger a duty to self-report:

• An individual uses illegal drugs (including the use of marijuana even in states or countries where legal locally). This can be a very complicated security concern given the intersection of criminal law and clearance law where legal advice will definitely be needed.
• An individual is arrested. The timing and substance of reporting this incident will be important so legal advice will be needed.
• An individual petitions for bankruptcy. Because filing for bankruptcy bears on financial considerations under SEAD 4, the individual should likely report the filing as soon as possible to his or her security officer.
• An individual marries a foreign citizen. Because marrying a foreign citizen can raise foreign influence issues under SEAD 4, it most likely will trigger a duty to self-report.

When Should a Security Concern be Reported?

When an individual who holds a security clearance determines that a security concern requires self-reporting, it is important to do so as soon as timely as possible. The typical procedure for doing so is to notify one’s security officer of the security concern. The security officer may simply take note of the situation, report it or take other action.

The individual almost always feels embarrassed to self-report a security concern. However, not reporting an incident can lead to the loss of an individual’s security clearance. If an individual has questions about what should be reported, he or she should seek legal advice from an attorney experienced in security clearance law as soon as possible. There are risks to self-reporting, so it is important to seek legal counsel before doing so where possible.

Contact Us

If you need legal representation or advice on the reporting of security clearance issues or any other security clearance matters, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.

Meet Gus, a male Coonhound, Treeing Walker/Bloodhound available for adoption locally.

Here is what his friends at NOVA Pets Alive have to say about him:

Gus the goof is a cartoon dog personified. He is 1.5 years old and 70 lbs, full of silliness and love and has no idea how to enter a room gracefully.

This cutie captures the hearts of everyone he meets. He loves to play with dogs, is scared of cats and will let them run the house, and has a blast running around with kids.

Gus is a giant puppy looking for a home to love him and appreciate him for who he is — a gentle giant with coordination issues. You can apply to adopt Gus at novapetsalive.org/adopt!

Are you and Gus a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

Meet Abby, a black Border Collie Labrador mix available for adoption locally.

Here is what her friends at Lost Dog & Cat Rescue Foundation have to say about her:

Abby is an active Lab/Border Collie mix looking for a family who can satisfy her need for adventure.

She loves anything that lets her burn off some energy. Whether it’s an hour at the dog park or a day-long hiking adventure in the mountains, she is always down for a good time. She knows basic commands and has done well in play group.

Abby would love to find a family who can give her the attention she deserves. She would benefit from an experienced home with no young children. So, if you think you can keep up with this energetic, awesome girl, she’d love to meet you!

Are you and Abby a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

By Nicola Caul Shelley, Synergy Design & Construction

They make it look so easy. The reality TV shows where they “take out a few walls” and suddenly the whole space is transformed.

It isn’t as straightforward as they make it sound, but it is incredible what opening up a floor plan can do in terms of making a home feel more spacious — without the expense of an addition to do it!

The traditional way of building homes was to have defined rooms with specific functions. The Kitchen. The Dining Room. The Family Room. The Office. This creates smaller rooms with lots of walls and doors which can result in dark corners and little used rooms. There is a lot to be said for a more open concept, but more important than this is the ‘flow’ of a home.

Spaces should feel like you easily move from one to another, and not feel ‘chopped up’ with bonus rooms or spaces that just don’t make sense and are a waste of valuable square footage. A more open flow also completely changes how you feel about your home.

It will come as no surprise then that the number one request we get from homeowners is to help ‘open up’ and improve the flow of their space, especially when it comes to the Kitchen/Living/Dining rooms. Most homes built in the last decade come with an open concept, but with very few new builds in the Reston and Herndon area, the home remodels we tend to work on span from the original homes of the Lake Anne community (shout out to our Waterview Cluster clients!) to homes built in the 90s onwards that missed the ‘open concept’ wave.

A word of caution: open plan living isn’t for everyone. There are factors such as load bearing walls (which add time and expense to any remodel) that need to be taken into consideration. There is a happy medium. In this month’s featured project, we’ll show you how we changed the configuration of the main level of a local Herndon home and opened up the floor plan without making it completely open concept.

The single family home is in a great location and has plenty of room, but the main level configuration just wasn’t working for our clients. We partnered with them to not only improve the curb appeal, but also change the flow of the entire first floor. The main level of the home now makes much more “sense” and the spaces flow seamlessly from one to another. You can see more photos of this amazing transformation here.

If you’re thinking of a home remodel but just don’t know where to start, we’re here to help you get unstuck! We’re always happy to help homeowners understand their options and get the right fit for their remodel. Ready to chat? Get in touch!

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By Melissa L. Watkins, Esq.

Failing to accommodate an employee based on their religious beliefs can be costly for an employer.

Recently, a hotel dishwasher in Miami was awarded $21.5 million in damages after her employer refused to grant a religious accommodation, requiring that she work on Sundays and eventually terminating her. While the employee will not likely be able to recover this amount due to a cap on punitive damages, the award demonstrates the courts and Equal Employment Opportunity Commission’s (EEOC’s) heightened attention to employers’ obligation to adequately respond to employees’ requests for religious accommodations.

Religious Discrimination and Title VII

Title VII of the U.S. Code protects workers from employment discrimination based on their religion. The law forbids discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, benefits and other terms and conditions of employment. Title VII requires reasonable accommodation of an employee’s sincerely held religious beliefs, observances, and practices when requested.

The need for religious accommodation most often arises where an individual’s religious beliefs, observances, or practices conflict with a specific task or requirement of the job or application process. Accommodation requests often relate to work schedules, dress, grooming, or religious expression or practice while at work.

The prohibition on religious discrimination and the requirement for reasonable accommodation apply whether an employee’s religious views are mainstream or non-traditional, and even if the views are not recognized by an organized religion. An employer cannot require that an employee provide documentation from an established religious congregation.

Under Title VII, employers are required to accommodate the religious practices of their employees unless a requested accommodation can be shown to be an undue hardship. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. However, customer preferences or even the anticipated loss of business are not considered undue hardships.

How Religious Discrimination Claims are Established

In order to establish a claim of discrimination for an employer’s failure to grant a religious accommodation, employees generally need to show that the following:

(1) he or she has a bona fide religious belief, the practice of which conflicted with their employment

(2) he or she informed the agency/employer of this belief and conflict

(3) the agency/employer nevertheless enforced its requirement against the employee

Contact Us

If you are in need of employment law representation or advice, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.

By Wayne M. Zell, Esq., of Zell Law, PLLC, an estate and business planning law firm located in Northern Virginia that focuses on helping clients realize their dreams of wealth and freedom.

Recently-enacted legislation known as the SECURE Act (the “Act”) would severely limit the use of stretch IRAs and will cause many individuals to amend their estate planning documents and retirement planning generally.

On the positive side, the Act permits individuals to defer required minimum distributions and make tax deductible contributions until age 72. In addition, individuals with 529 plans would be able to withdraw up to $10,000 to pay down student loans, which will help reduce the student loan epidemic nationwide.

Another upside is that the bill allows new parents to withdraw up to $5,000 without being penalized from their IRAs or 401(k) plans to help defray birth and adoption expenses. Also, employers would be permitted to offer annuities as an investment option in their employer-sponsored 401(k) plans and would receive a $500 tax credit for automatically enrolling new employees and up to a $5,000 credit for plan startup costs.

The Act increases the cap on automatically raising payroll contributions from 10 to 15 percent of an employee’s gross paycheck. Enactment of these incentives would come at significant cost for many taxpayers, and the price tag may far outweigh the Act’s benefits.

To pay for the incentives, the Act will raise over $15.7 billion over the next decade by requiring IRAs and other qualified retirement plans to be liquidated within 10 years following the death of the plan participant.

Significant exceptions to the mandatory distribution rule are available for surviving spouses, minors, disabled and chronically ill individuals, and certain other limited situations.

Many of you may have elected to use a “conduit trust” through which IRA and other retirement plan benefits flow following the death of a surviving spouse. Alternatively, you may have simply designated your children or grandchildren as beneficiaries of the retirement accounts. In most cases, these beneficiary designations will require that by the 10th year following the surviving spouse’s death, all the funds must be paid to the designated beneficiary (i.e., usually, the surviving children or other designated beneficiary).

This may not meet your estate planning goals and therefore may require amending your trusts or beneficiary designations. To minimize the income tax on the funds that pass to that trust, you should talk to your accountant regarding the value of converting all or a portion of your IRAs, destined for your children or grandchildren or trusts for their benefit, to a Roth IRA.

You also may want to discuss the extent to which any of your IRAs are payable to an accumulation trust for your children or grandchildren. When the IRA is paid to an accumulation trust over the 10-year period of time, it is very likely that substantial wealth will be trapped in the trust and taxed at the highest trust income tax rate.

Again, to overcome this you may want to examine the utility of Roth conversions prior to your deaths. Conversely, the use of accumulation trusts may make sense if you desire to protect the IRA assets from your beneficiaries’ creditors.

Roth conversions and other strategies may make sense in light of the change in law imposed under the SECURE Act. In addition, the delay in the required minimum distribution date (from 70-1/12 years to 72 years) and the revised life expectancy tables under new Treasury regulations make planning for retirement assets more complex than ever and will require input of your estate planning team members.

For more information on this very important topic, please email me at [email protected] or click here to receive our SPECIAL REPORT on the SECURE ACT.

Meet Zema, a young tricolor Beagle available for adoption locally.

Here is what her friends at Beagle Rescue Education and Welfare Inc have to say about her:

Zema is a 2-year-old spayed beagle mix.

We discovered she loves her humans, but we think she would do better in a home with no other dogs. She doesn’t like other dogs competing for snuggle time!

She is a true adventuress who is supremely happy riding around in the car or hiking in the woods.

Are you and Zema a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

Forty years ago, Reston Community Center opened its doors to the people of still-young Reston.

During that time, Reston has grown from a community of about 26,000 to nearly four times that number — and growing — as it welcomes transit-oriented development with Metro’s Silver Line.

How should RCC grow along with the community to best serve Reston in the 2020s and beyond? RCC formally asked residents that in 2019, when it contracted the University of Virginia’s Center for Survey Research to conduct a comprehensive community survey.

Restonians can learn the initial results of that survey, as well as participate in discussions about RCC’s future priorities at a special event, RCC: Past and Future, on Monday, February 10 at 6:30 p.m. at RCC Hunters Woods.

The evening will include hospitality and community conversation for residents and employees of Small District 5 (Reston). The agenda of this special annual joint Community Relations and Program/Policy Committees meeting includes a screening of an entertaining short film about RCC’s first 40 years; the presentation on the results of the 2019 RCC Community Survey; and facilitated discussion on four important RCC strategic planning pillars (Facilities, Community Building, Programs and Communications).

RCC convenes the Community Relations and Program/Policy committees jointly each February to hear from its stakeholders and partners. This year will be a special gathering not just for the anniversary celebration, but so RCC’s Board of Governors and staff members can gather feedback as the agency looks toward 2021, when the next five-year strategic plan will be adopted.

“We conclude our present five-year strategic plan in 2021,” said Beverly Cosham, RCC Board of Governors Chair. “Our approach typically overlaps the final year of one strategic plan with the engagement process to find out what is on our community’s minds that will shape the next one. This year, we look back to acknowledge the tremendous impact of Reston creating its community center in the image of the community and what that meant for the past 40 years.”

RCC Executive Director Leila Gordon says this is a crucial time in Reston — and RCC’s — growth. She is hoping for significant community turnout in order to hear and record opinions from a broad cross-section of Reston.

“We know that people want to discuss a possible performing arts venue; development of an online community calendar; partner challenges and other specific issues,” said Gordon. “This event is an opportunity to share views on those topics.”

Advance registration is requested. RCC will be providing translation support (Chinese, Arabic, Spanish and Russian) and offering childcare for busy families with children ages 6 to 12. Please RSVP at [email protected].

Those who want to take advantage of the childcare option must complete a registration form for their children.

The registration process will enable RCC to keep participants informed about the planning progress through the next several months. Interested patrons with questions can also direct them to [email protected].

Meet Vixey, a young black Domestic Short Hair female available for adoption locally.

Here is what her friends at Little Buddies Adoption and Humane Society have to say:

A sweet kitten. She has really come out of her shell in the last few weeks.

She came to Little Buddies a painfully shy little girl. It could be thanks to the charm of her fellow foster, Sleeve, or just growing up a bit.

She is much playful and very active. She enjoys running, leaping and pouncing her foster mate as well as simply entertaining herself with a toy.

She is not one to be held but she is affectionate — just on her terms — after play time.

Vixey has an absolutely stunning, shiny black coat (these photos do not capture it). It is no wonder black cats have been revered for centuries around the world.

Are you and Vixey a match? If so, let us know and our sponsor, Becky’s Pet Care, will send you some treats and prizes.

This is a sponsored post from Eve Thompson of Reston Real Estate. For a more complete picture of home sales in your neighborhood, contact her on Reston Real Estate.

Thinking of selling in the spring? The time to start getting ready is now.

I don’t typically hold to the notion that one time of year is better for selling your home verses another. For as long as I’ve been selling real estate I have always had at least one transaction around the holidays, but conventional wisdom says that there is something magical about spring. That being said, as of today there are 55 days until spring, and unless you are a contender for the Martha Stewart award for home organization, the time to start working on your house for a spring listing is now.

When a seller takes seriously the job of preparing their home it takes much, much longer than they imagine. It’s not at all uncommon for the sorting, purging, cleaning and painting to take up to 2 months.

So what kinds of things should you be doing to get your home ready?

• I recommend that you start with the closets. I think my agent collogues would agree that a closet that is half full sends a much better message than one that if stuffed to the gills. Most of us hold on to all kinds of stuff for no better reason than we have the room for it, so be ruthless.
• Pre-packing: For things that you really do want to keep but that you don’t need ready access to, go ahead and pack it up in anticipation of your move.
• Deep cleaning. I cannot stress to a seller how critical this is, clean it from the baseboards to the light switches to the light fixtures.
• Knock off the old “To-do” list. That old light fixture you’ve been meaning to replace since you bought the place — do it now!
• A competitive market demands that you make your place stand out from the crowd, so get a jump on it now.

The housing inventory continues to be painfully low with just 78 active listing and 6 in a “Coming Soon” status. That is just under 1 months’ worth of housing inventory. The good news in those numbers is that pretty much everything that comes on the market is going to get a lot of attention — if you’ve taken the time to get it ready and you’ve priced your property competitively you could very well find yourself in a multiple contract situation.

If you have questions about buying or selling don’t hesitate to contact me.