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Montgomery County, Maryland Lowers Bar To Prove Workplace Harassment

Kollman & Saucier
Kollman & Saucier
10/27/2020
Employment Discrimination, Sexual Harassment
On October 6, 2020, the County Council for Montgomery County, Maryland enacted Bill 14-20, which effectively lowers the standard of proof for workplace harassment cases by rejecting the “severe or pervasive” standard applicable to state and federal claims. The new county legislation defines “harassment” as “verbal, written, or physical conduct, whether or not the conduct would be considered sufficiently severe or pervasive under...
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D.C. Laws To Take Effect on Workplace Postings and Notices, and Sexual Harassment Training and Reporting

Kollman & Saucier
Kollman & Saucier
10/08/2020
Employer Training, Handbooks/Policies, Legislative Developments, Sexual Harassment, State Law
Before we get into the new requirements, some legislative history is warranted.  In 2018, the District of Columbia passed the Tipped Wage Workers Fairness Amendment Act, designed to, among other things, repeal an initiative that would have eliminated the tip credit system in D.C.  That 2018 law mandated local government funding before several provisions of the statute could be implemented that include the postings and sexual harassment training...
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Maryland Employers Required to Report Sex Harassment Settlements By July 1st

Kollman & Saucier
Kollman & Saucier
06/06/2020
Agency Activity, Sexual Harassment
In May 2018, we posted about the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”).  The Act went into effect on October 1, 2018 and has a sunset provision for June 30, 2023.  The Act established the requirement for employers with at least 50 employees (at all locations, not exclusively working in Maryland) to submit a survey to the Maryland Commission on Civil Rights (“MCCR”) regarding sexual harassment in the...
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NLRB Reverses Course on Legality of Investigation Gag Orders

Clifford Geiger
Clifford Geiger
12/19/2019
Labor Law, Sexual Harassment
Employers have a legitimate interest in investigating allegations of employee misconduct.  It seems obvious that a certain amount of confidentiality is required to maintain the integrity of those workplace investigations.  Otherwise, investigations may be hindered.  Parties may be coached or discuss ahead of time what they will say, accusers may openly discuss complaints and try to influence others to provide corroboration, employees...
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Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII

Kollman & Saucier
Kollman & Saucier
12/16/2019
Employment Discrimination, Sexual Harassment, Virginia Employment Law
A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII.  Back v. Commonwealth of Virginia, et al., No. 7:17-cv-00477 (W.D. Va. 11/27/19). Back worked as a Veterans Services Representative...
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Transgender Employee Succeeds on Hostile Work Environment Claim

Kollman & Saucier
Kollman & Saucier
07/12/2019
Gender Identity, Sexual Harassment
Although the Supreme Court has yet to opine on the issue, many jurisdictions interpret Title VII as encompassing discrimination because of gender identity (and/or sexual orientation) as discrimination because of sex. Such was the case for a former transgender corrections officer for the Arizona Department of Corrections (“ADOC”).  John Doe v. State of Arizona, No. CV-18-00384-PHX-GMS (D. Ariz. 7/8/19). Mr. John Doe, a transgender male,...
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Southern District of New York Sends Sexual Harassment Claim To Arbitration

Vincent Jackson
Vincent Jackson
07/01/2019
Arbitration, Sexual Harassment
A trial judge in the Southern District of New York found that a sexual harassment claim was subject to a mandatory arbitration clause, even though a New York law recently enacted in the wake of the #MeToo movement nullified agreements to arbitrate sexual harassment claims. Latif v. Morgan Stanley, et al., 18-cv-11528-DLC (S.D.N.Y. June 26, 2019). In Latif, a male employee of Morgan Stanley alleged in his federal court complaint that he was sexually...
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Some Fun Facts About The EEOC's 2018 Charge Data

Kollman & Saucier
Kollman & Saucier
04/12/2019
Agency Activity, Employment Discrimination, Retaliation, Sexual Harassment
The EEOC released its 2018 charge statistics earlier this week.  Here are three key pieces of information to consider: Charge filings have decreased.  In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of charge filings in 2010 (99,922 charges).   Because charge filings tend to flow with the relative strength of the...
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Marital Association Claim Nixed By Eighth Circuit

Darrell VanDeusen
Darrell VanDeusen
03/20/2019
First Amendment Protections, Political Appointments, Sexual Harassment
As most of us know, the First Amendment protects “freedom of association,” among the various protections it offers.   And, what could be much more associational than marriage?  Courts refer to that as “intimate association.”   The constitutional right to intimate association protects the formation and preservation of certain kinds of highly personal relationships, thereby restricting governmental intrusion and interference. A recent...
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New York City Mandatory Sexual Harassment Training Law Set to take Effect April 1st

Kollman & Saucier
Kollman & Saucier
02/26/2019
Sexual Harassment
Pursuant to the Stop Sexual Harassment in New York City Act, employers with 15 or more employees must conduct annual interactive sexual harassment training starting April 1, 2019.  To help employers determine training obligations under the Act, the New York City Commission on Human Rights has issued a Frequently Asked Questions (FAQs)document.  A summary is provided below: Employer Coverage Employers with 15 or more employees in the previous...
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