Kollman, Saucier, & Jackson, Author at Kollman, Saucier & Jackson P.A.

Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

Kollman, Saucier, & Jackson

05/16/2018

Employment Discrimination, Sex Discrimination

A Lousiana federa court dismissed a sex discrimination claim brought by a former UPS manager because he failed to show that the company treated similarly situated female employees better than him. Williams v . UPS, No. 16-450-SDD-RLB (M.D.La. 5/11/18). The decision reinforces the importance of proving that a discrimination plaintiff was treated differently than persons outside their protected group to get a case to trial. In Williams, UPS...

Kollman, Saucier, & Jackson

04/25/2018

Employment Discrimination, Pregnancy Discrimination

A recent decision from the Sixth Circuit Court of Appeals provides a reminder that authorized leave -- such as maternity leave -- does not insulate an employee from termination for poor performance and other inappropriate conduct. Bailey v. Oakwood Healthcare, Inc., Case No. 17-2158 (6th Cir. Apr. 23, 2018) (unpublished). Michelle Bailey worked as a senior staffing professional for Oakwood Healthcare, Inc. Nearly eight months into her tenure...

Kollman, Saucier, & Jackson

04/25/2018

Employment Discrimination

An employee cannot be discharged from a position he never held. That is the simple takeaway from a recent decision from the United States District Court for the District of Maryland. Mance v. Owings Mills Autos, LLC, Civil No. JKB-17-2222 (D. Md. Apr. 19, 2018). The plaintiff alleged that he had worked for Northwest Honda as a car salesman and then as a Used Car Manager. In 2016, Owings Mills Autos (“OMA”) purchased Northwest Honda. The...

Kollman, Saucier, & Jackson

04/13/2018

Sexual Harassment, State Law

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 released earlier this year by the Maryland Women’s Caucus...

Kollman, Saucier, & Jackson

04/11/2018

Disability & Leave

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 Caporicci was hired by Chipotle in July 2012. After a year of...

Kollman, Saucier, & Jackson

04/06/2018

Class Actions, Employment Discrimination, Hiring Process, Race Discrimination

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 criminal background check policy illegally excluded thousands of minority applicants from employment...

Kollman, Saucier, & Jackson

04/04/2018

Supreme Court Decisions, Wage & Hour

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 salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm...

Kollman, Saucier, & Jackson

03/28/2018

Employee Benefits, ERISA

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 effect on June 9, 2017, with a transition period until January 1, 2018. After...

Kollman, Saucier, & Jackson

03/22/2018

Legislative Developments, Sexual Harassment, State Law

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 substantive or procedural right or remedy to a future claim of sexual harassment or...

Kollman, Saucier, & Jackson

03/20/2018

Labor Law

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 an employee whose conduct exceeds the scope of the Act’s protections. The conduct underlying a...

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Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

Falsified Application and Poor Performance Doom Discrimination and Retaliation Claims

No Discriminatory Discharge Of Plaintiff Who Was Not Employee

Maryland General Assembly Strengthens Internal Sex Harassment Rules

No ADA Claim For Chipotle Employee Terminated Over Prescription Drug Reaction

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

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

Fifth Circuit Vacates DOL Fiduciary Rule

Maryland General Assembly Considering Bills Aimed At Workplace Sexual Harassment

NLRA Doesn’t Shield Employee Who Violated Security Protocols

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