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Former Chipotle Employee To Get Trial on Racial Harassment Claim

Kollman, Saucier, & Jackson
01/12/2017
Hostile Work Environment, Race Discrimination
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

Kollman, Saucier, & Jackson
01/09/2017
Disability & Leave, Employee Benefits, Legislative Developments, Paid Leave, State Law
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, & Jackson
01/05/2017
Military Leave, Virginia Employment Law
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, & Jackson
01/03/2017
Sexual Harassment, Virginia Employment Law
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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Employers Must Begin Using Revised I-9 Form January 22, 2017

Kollman, Saucier, & Jackson
12/09/2016
Agency Activity
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, & Jackson
12/07/2016
Business Law
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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D.C. Office Of Human Rights Publishes Best Practices Guide On Transgender Rights

Kollman, Saucier, & Jackson
12/02/2016
Employment Discrimination, Sexual Orientation
The District of Columbia Office of Human Rights recently published a best practices guide for employers regarding transgender issues in the workplace: Valuing Transgender Applicants and Employees: A Best Practices Guide For Employers.  Combined with earlier guidance from the EEOC on transgender bathroom access and LGBT discrimination, employers must not ignore this issue. The DCOHR guidance offers nine “best practices” for employers dealing...
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OSHA's New Reporting Rules Take Effect

Kollman, Saucier, & Jackson
12/01/2016
Agency Activity, Retaliation, Workplace Safety
The "third time's a charm" applies to even the federal government.  The Department of Labor has not been able to get many ticks in the W column lately with both its Persuader Rule and Overtime Rule getting enjoined from implementation.  Although attempts were made to enjoin these new reporting rules from becoming effective, yesterday, a trial judge denied issuing an injunction against OSHA's new reporting rules. So, as of today, employers are...
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Court Permanently Enjoins DOL Persuader Rule

Kollman, Saucier, & Jackson
11/18/2016
Agency Activity, Labor Law, Union Activity
As we have previously reported,  in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly  restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...
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Federal Court Finds Sexual Orientation Protected By Title VII

Kollman, Saucier, & Jackson
11/15/2016
Employment Discrimination, Sexual Orientation
It was only a matter of time, which has now come to pass.  In EEOC v. Scott Med. Health Ctr. (W.D. Pa. Nov. 4, 2016), trial judge Cathy Bissoon determined that the EEOC may pursue a claim that Scott Medical Health Center violated Title VII when it permitted a supervisor to harass a gay employee because of his sexual orientation to the point the employee felt compelled to resign.  When the employer moved to dismiss the case, arguing that legal...
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