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Undocumented Workers May Seek Relief Under Title VII

Earlier this week, a Maryland federal court issued an opinion permitting the EEOC to proceed in a case of discrimination against several Hispanic former employees of an Edgewater carwash.  United States EEOC v. Phase 2 Invs. Inc., 2018 U.S. Dist. LEXIS 65719 (D. Md. Apr. 17, 2018).  The EEOC alleges that the carwash discriminated against […]

Maryland General Assembly Strengthens Internal Sex Harassment Rules

The Maryland General Assembly ended its session this week with approval of House Bill 1342, legislation aimed at strengthening policies for the investigation and resolution of sexual harassment complaints involving members of the State lawmaking community.  The Bill is designated emergency legislation.  If Governor Hogan signs as expected, it will become effective immediately. A report […]

No ADA Claim For Chipotle Employee Terminated Over Prescription Drug Reaction

The Eleventh Circuit held this past week that an employee couldn’t show disability discrimination when Chipotle fired her for violating its zero-tolerance inebriation policy, despite evidence that the employee’s conduct was a result of prescription medication taken for a disability.  Caporicci v. Chipotle Mexican Grill, Inc., No. 16-13494 (11th Cir. 4/5/18). In this case, Plaintiff […]

Target Finally Moving Out Of The Cross-Hairs Of Criminal History Hiring Discrimination Lawsuit

Target has quite the bill to pay.  As a result of alleged discriminatory hiring practices, premised upon Target’s use of criminal background screening in a manner that had a disproportionate impact on minorities, Target Corp. will pay $3.74 million, and give priority hiring opportunities to black and Latino job applicants, to resolve claims that its […]

No Overtime This Time… Supreme Court Holds Service Advisors Are Exempt Under The FLSA

On April 2, 2018, the Supreme Court, with its second consideration of the same case, held in a 5-4 decision, that automobile service advisors are exempt from overtime under the Fair Labor Standards Act (FLSA).  In Encino Motorcars, LLC v. Navarro, the Supreme Court held that service advisers fall under the FLSA exemption applicable to “any […]

Fifth Circuit Vacates DOL Fiduciary Rule

On March 15, 2018, the United States Court of Appeals for the Fifth Circuit vacated the Department of Labor’s Fiduciary Rule.  The Fiduciary Rule (which is actually seven different rules promulgated by the Department of Labor) imposed heightened standards on retirement investment advisors, and expanded the definition of fiduciary under ERISA.  The Rule went into […]

Maryland General Assembly Considering Bills Aimed At Workplace Sexual Harassment

Maryland’s House and Senate have passed competing versions of legislation that would ban employment agreement that limit rights to sue for future claims of sexual harassment. Senate Bill 1010 — the “Disclosing Sexual Harassment in the Workplace Act of 2018” — would make void any provision in an employment contract, policy, or agreement that waives any […]

NLRA Doesn’t Shield Employee Who Violated Security Protocols

The National Labor Relations Act (NLRA) gives employees the right to engage in protected concerted activity.  The NLRA also makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights” under the Act.  Despite the NLRA’s broad protections, an employer may take action against […]

Court Dismisses Grumpy Hospital Clerk’s Claim of Age Discrimination

On March 12, 2018, a Virginia federal court dismissed a claim of age discrimination brought by a 54 year old woman who had worked for Norton Community Hospital as an admissions clerk for nearly 23 years.  In Moore v. Mountain States Health Alliance, et. al., No. 2:16CV00014 (W.D. Va. 2018), Judge James Jones granted summary […]