Former Chipotle Employee To Get Trial on Racial Harassment Claim

Kollman & Saucier
Kollman & Saucier
01/12/2017
An employer can avoid liability for one employee’s harassment of another employee if it takes prompt remedial action to address that harassment.  One way to do this is for an employer to conduct an investigation, counsel the involved employees, and/or discipline the harassing employee.  On the other hand, telling an employee who complains about racial harassment to “shut up, n***er” is not the right way to address harassment complaints....
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Maryland Legislative Update - The Healthy Working Families Act

Lawmakers in Maryland have attempted to pass a paid sick leave bill for a number of years.  With the General Assembly reconvening on Wednesday, the effort is being renewed this year.  Thus far, legislators have introduced House Bill 1 and House Bill 65 -- both are versions of the Healthy Working Families Act, which was introduced last session as House Bill 580.  Governor Hogan has said that he will introduce paid sick leave legislation of his...
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Fired Virginia Teacher Fails to Establish USERRA Claim

Kollman & Saucier
Kollman & Saucier
01/05/2017
The United States Court of Appeals for the Fourth Circuit recently ruled that the Prince William County School Board did not violate the Uniformed Services Employment and Reemployment Rights Act ("USERRA") when it fired a teacher who had returned from a four-year deployment to Kuwait.  Butts v. Prince William County School Board, et. al., No. 15-1989 (4th Cir. Dec. 21, 2016).  The Fourth Circuit affirmed a grant of summary judgement to the School...
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Federal Judge Declares Ending Light Duty Assignment to be Adverse Action

Kollman & Saucier
Kollman & Saucier
01/03/2017
In Cobbs v First Transit Co. et. al., Case No. 6:16-cv-00015 (W.D. Va. Dec. 16, 2016), a federal judge in Lynchburg, Virginia ruled that a bus company took an adverse employment action against an employee by ending her light duty assignment. In so holding, the court ruled that an employee had pled a cause of action for “quid pro quo” sexual harassment under Title VII and denied the defendants’ motion to dismiss. The case involved an employee...
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And You knew it was Porn, How?

Darrell VanDeusen
Darrell VanDeusen
12/29/2016
Religious workplace accommodations are most times not so difficult to accomplish.  An employee needs a quiet place to pray at work.  No problem.  Another worker wants to change his work day by one hour on Friday during the winter months so he can make it home by sun down.  That’s doable.  The rule under Title VII is that an employer must make a reasonable accommodation to permit an employee to observe the tenets of his or her religious...
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Harassment Doesn’t Come Cheap at COSTCO

Darrell VanDeusen
Darrell VanDeusen
12/29/2016
There were some shocking revelations during the recent campaign cycle suggesting that our President-elect may not have clearly understood the difference between “appropriate’ and “inappropriate” behavior toward women.  Putting aside that oddity, in the decades since the Supreme Court first recognized sexual harassment as a cause of action under Title VII in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), there has been a heightened...
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“Reverse” Race Discrimination is a Thing. “Racism” Discrimination is Not.

Kollman & Saucier
Kollman & Saucier
12/16/2016
While driving through the frigid Baltimore weather this morning, the classic “White Christmas” played on the radio.  Though the ditty is undoubtedly about the singer’s wish to have snow on Christmas Day – and not an expression of racial preference – it got me thinking about the contours of discrimination claims involving white plaintiffs.  Given the heightened sensitivities on the issue on both sides of the political aisle at the moment,...
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Puzder Nomination Likely Signals New Frontier for Employers

Kollman & Saucier
Kollman & Saucier
12/15/2016
Toward the end of last week, President-elect Trump nominated Andrew Puzder, the longtime President and CEO of the company behind Carl’s Jr. and Hardee’s restaurants, to be his Secretary of Labor.  With Mr. Puzder expected to be confirmed next month, a review of his record suggests that the Labor Department will take a decidedly pro-employer turn in the incoming administration.  (Meanwhile, outgoing Labor Secretary Tom Perez is rumored to be...
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Employers Must Begin Using Revised I-9 Form January 22, 2017

Kollman & Saucier
Kollman & Saucier
12/09/2016
Last month, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification, that employers must begin using January 22, 2017.  Form I-9 is the form employers are required to complete for each new hire to verify an employee’s identity and eligibility to work in the United States. The revised Form I-9 is designed to be overall easier to complete electronically.  Among other things, it’s...
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Holidays in the Workplace: Do You Fear What I Fear?

Kollman & Saucier
Kollman & Saucier
12/07/2016
Probably not if you’re like any other business.  After all, ‘tis the season to boost company morale and show appreciation for staff with parties and time off and bonuses too!  Below I offer a few tips for mitigating clean-up of the post-holiday legal mess these issues have the potential to create. Away with that Manger. Decorations are key to a festive atmosphere and there is no reason you should stop decking your office halls out of fear...
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