The Employment Brief | Employment Law | Kollman & Saucier, P.A.

The Saga Continues for Title VII and Transgender Identity

Kollman & Saucier

08/11/2017

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn. The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...

Kollman & Saucier

08/09/2017

Disability & Leave, Employment Discrimination, Reasonable Accommodations/Undue Burden

Reminding us of the importance of lawful employment policies (and sticking to them!), the U.S. District Court for the Middle District of Tennessee recently decided that an African-American former employee may proceed with his Title VII retaliation and ADA failure to accommodate claims against the City of Lewisburg, Tennessee. La’Monn Harris v. The City of Lewisburg, Tennessee et al, No. 1:15-cv-00114, 2017 BL 265703 (M.D. Tenn. July 31,...

Kollman & Saucier

08/04/2017

Virginia Employment Law, Whistleblowers, Workplace Safety

On July 14, 2017, a Norfolk federal judge denied a motion to dismiss a former Red Cross employee's claim that her employer fired her for reporting what she believed were health and safety violations committed by her supervisor. Easterbrooks v. American Red Cross, No. 2:17cv98 (E.D. Va. 2017). Judge Raymond Jackson ruled that plaintiff Julie Easterbrook's claims were sufficient to state a cause of action under Virginia Code Section 40.1-51.2.1,...

Kollman & Saucier

07/28/2017

Employment Discrimination, Sexual Orientation

In an amicus brief filed July 26, 2017, with the Second Circuit Court of Appeals, the Department of Justice declared that an employee's sexual orientation is not and should not be a protected status under Title VII of the Civil Rights Act of 1964. Stated simply: sex discrimination does not extend to sexual orientation discrimination because the "essential element of sex discrimination under Title VII is that employees of one sex must be treated...

Kollman & Saucier

07/25/2017

Agency Activity, Workplace Safety

On August 1, the Occupational Safety and Health Administration's (OSHA) electronic portal, the Injury Tracking Application (ITA), will go live for employers to file their reports of workplace illnesses and injuries. OSHA's electronic record-keeping rule, which applies to companies with 250 employees or more, requires employers to submit electronically the OSHA Form 300 (Log of Work-Related Injuries and Illnesses); OSHA Form 300A (Summary of...

Kollman & Saucier

07/20/2017

Agency Activity

The U.S. Citizenship and Immigration Services has issued a new I-9 Form effective September 18, 2017. The I-9 Form is used to document all new hires, and must be maintained by the employer until the later of (a) one year after the employee separated from the company or (b) three years after the employee began work. The revisions add non-substantive changes to the instructions, and revise the list of acceptable documents. While these changes are...

Kollman & Saucier

07/18/2017

Agency Activity, Employment Discrimination

A recent ruling in a case between Google and the Office of Federal Contract Compliance Programs (OFCCP) shows some of the downside risks of doing business with the federal government. In Google’s case, it had the resources and the ability to push back a bit against the agency's findings. However, the case demonstrates why federal contractors need to have clear employment practices in place and understand that the government has broad powers to...

Kollman & Saucier

07/13/2017

Race Discrimination, Retaliation

I enjoy the Cracker Barrel. Their chicken and dumplings is almost as good as what my southern family cooked up when I was a child. And, their sourdough French toast is wonderful, with or without a few of those small bottles of syrup. Alas, this is not a food blog. This post is about a recent decision affirming summary judgment against former Cracker Barrel employee Beatrice Lovett (African-American) on her Title VII and Section 1981...

Darrell VanDeusen

07/13/2017

Business Law

Part One - the Monkey Selfie case I read today about the Ninth Circuit argument held July 12 in Naruto v. David Slater, et al., No. 16-15469 (9th Cir.). Known as the “monkey selfie” case, the matter involves a wild Celebes crested macaques (Naturo) who used a camera set up by a nature photographer to take a picture of herself. The picture went viral on social media and brought fame to Naturo. See, e.g.,...

Kollman & Saucier

07/11/2017

Disability & Leave, Employment Discrimination

It is no secret that attendance at work is an essential function of most jobs. As explained by a recent decision from the Tenth Circuit Court of Appeals, Punt v. Kelly Servs., No. 16-1026 (10th Cir. July 6, 2017), an employee’s failure to just show up can be fatal to failure to accommodate claims under the Americans with Disabilities Act. The case involved a temporary employee for Kelly Services (Kelly) who was assigned to work at GE...

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Email Updates

The Saga Continues for Title VII and Transgender Identity

Spider Bite Opens Up Major Wound for City

Red Cross Stuck With Phlebotomist's Retaliatory Discharge Claim

DOJ Goes Rogue On Whether Title VII Prohibits Sexual Orientation Discrimination

OSHA Launches E-Filing for Mandatory Injury and Illness Reports

New I-9 Takes Effect September 18th

What Happens When You Put "OFCCP" Into Google?

Fourth Circuit Puts Employee’s Retaliation Claim Over A Barrel

Animal Planet and the Law

Temporary Workers Must Show Up For Work

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