Darrell VanDeusen, Author at Kollman & Saucier P.A.

Fourth Circuit: ADA Protection for Gender Dysphoria

Darrell VanDeusen

08/25/2022

The issue of federal protection for gender identity was, it seemed, resolved with the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020), which held that Title VII’s definition of sex includes a prohibition of discrimination against gay and transgender individuals. The LGBTQ community (along with many others) applauded this decision. And it is settled law. But are other protections available to the...

Darrell VanDeusen

08/24/2022

Uncategorized

One of my son’s favorite movies when he was in high school was Office Space (1999). I also enjoyed it alot. You may recall the following dialogue between Peter (Ron Livingston) and Joanna (Jennifer Aniston): Peter: I, uh, I don't like my job. I don't think I'm gonna go anymore. Joanna: You’re just not gonna go? Peter: Yeah. Joanna: Won’t you...

Darrell VanDeusen

08/22/2022

Pregnancy Discrimination

Pregnancy has been in the news a lot this year, mostly due to the Supreme Court’s June 24, 2022 decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022), which overturned Roe v. Wade, 410 U.S. 113 (1973). The Dobbs decision impacts employers, but I will save that discussion for another day. Today we will revisit the Pregnancy Discrimination Act (PDA) of 1978, and a recent decision from the Seventh Circuit that held Walmart...

Darrell VanDeusen

06/08/2022

Disability & Leave

Employers sometimes need to be reminded that a reasonable accommodation can be an easy thing. Refusing to make one without first engaging in the “interactive process” can result in prolonged litigation. After all, everyone is entitled to their decade in court. Today’s story involves a former VA employee who the Eleventh Circuit decided will be able to have a jury decide if she was illegally denied permission to park in the VA lot for...

Darrell VanDeusen

06/06/2022

Labor Law, NLRB

I last blogged in April and wrote about the next generation of union organizing and the current efforts by the NLRB’s General Counsel to overturn long standing Board precedent. Increased efforts to organize Starbucks, Amazon and Apple cannot and should not be ignored. And lots of media attention is directed at the issue. Often, however, the view is that it’s conscience shocking to believe some employees might NOT want to be in a union. ...

Darrell VanDeusen

04/13/2022

Agency Activity, Labor Law, Union Activity

Earlier this week I wrote about some developments in labor law. I thought my second blog would be about something completely different. But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...

Darrell VanDeusen

04/11/2022

Agency Activity, Labor Law, Union Activity

It has been a big last few weeks in labor law circles. First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago. President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech. The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...

Darrell VanDeusen

02/18/2022

FMLA

The internet is for … looking stuff up. Sometimes I become interested in the possible back story of a case that, on it’s face, seems boring. That’s what happened today. A recent FMLA case (yes, it’s time to begin my book update) seemed pedestrian enough: a federal court denied the employer’s motion to dismiss the FMLA claims of an employee who alleges he was denied benefits and disciplined in violation of the Act. Diorio v. City of...

Darrell VanDeusen

02/14/2022

Religious Discrimination

Over the past 10 years, the Supreme Court has repeatedly taken a deep dive into the Venn diagram overlap of balancing anti-discrimination laws against “freedom of religion” under that pesky First Amendment’s “church and state” thing. Relevant to our topic today, the Court addressed the scope of the “ministerial exception” in Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012) and reaffirmed it in Our Lady...

Darrell VanDeusen

12/22/2021

Employment Discrimination

I am not a procrastinator by nature, although some of my closest friends (and a few family members) are. For me, waiting until the last minute to get something done is just irritating and anxiety provoking. But enough oversharing. My point is that, waiting until the last minute to accomplish a task can have a negative outcome. That is what happened to Brian Lax, a former FEMA employee who sued for disability discrimination. Lax v. Mayorkas...

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Fourth Circuit: ADA Protection for Gender Dysphoria

Quiet Quitting: Is This Your Best Work?

Pregnancy Discrimination, Aisle 12? Maybe Not.

Denied Parking Accommodation Equals Disability Trial

NLRB: No Union, No More Was OK

More (Possible) Labor Pains

More That’s New in Labor Law

Something Smells Funny in this FMLA Case

A Close Shave (or not) for the “Ministerial Exception”

Waiting Too Long to Sue Sinks Case

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Author: Darrell VanDeusen

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