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Firefighter’s Fear Of Burning Buildings Does Not Qualify As A Disability

Kollman, Saucier, & Jackson
06/12/2014
Disability & Leave
The Texas Supreme Court overturned a $362,000 disability discrimination judgment awarded to a captain for the City of Houston fire department who was removed from firefighting duties because his fear of entering burning buildings made him a danger to himself and others.  City of Houston v. Proler, No. 12-1006 (Tex. June 6, 2014). According to the court, no reasonable jury could have found that his fear of entering burning buildings constituted a...
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Maryland Court Rejects Retaliation Claim Based on Frivolous EEOC Charge

Kollman, Saucier, & Jackson
06/10/2014
Age Discrimination, Retaliation
The United States District Court for the District of Maryland held that employees do not engage in protected activity by refusing to comment about the work of a co-worker and/or that a conversation transpired between a supervisor and employees. Kearns v. Northrop Grumman Systems Corp., No. ELH-11-1736 (D. Md., May 23, 2014). Michael Kearns alleged that his former employer, Northrup Grumman Systems Corporation, violated Title VII and the ADEA by...
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Blind Dairy Queen Employee Given “Exclusive” Job Was Reasonably Accommodated

Kollman, Saucier, & Jackson
06/06/2014
Disability & Leave
In a recent opinion, the Seventh Circuit reminded employers and employees that, under the Americans with Disabilities Act (ADA), qualified individuals with a disability are only entitled to a "reasonable" accommodation – they do not get to pick the accommodation. Bunn v. Khoury Enters., Inc., No. 13-2292 (7th Cir. May 28, 2014). Joshua Bunn was hired in September 2010 to work as an hourly employee at a franchised Dairy Queen store in Indiana....
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Application of University’s Inflexible Six-Month Leave Policy Found Lawful

Kollman, Saucier, & Jackson
06/03/2014
Disability & Leave
  How much leave must an employer provide its employees who are on disability leave? Six-months? Nine-months? An indefinite amount? Employers often consider this question in the context of the Americans with Disabilities Act and the Rehabilitation Act. Last week, the Tenth Circuit Court of Appeals weighed in on the issue in Hwang v. Kansas State University, No. 13-3070 (10th Cir. May 29, 2014). In Hwang, the Court considered whether an...
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NLRB Orders Car Dealer to Reinstate Foul-Mouthed Salesman

Kollman, Saucier, & Jackson
05/30/2014
Labor Law
On May 28, 2014, the National Labor Relations Board  ("NLRB") ruled that an Arizona car dealership violated the National Labor Relations Act  ("NLRA")  by firing a salesman who complained about the dealership's compensation plan.  Plaza Auto Ctr. Inc.., 360 NLRB No. 117 (2014).  The dealership argued that the salesman lost the protection of the law when he launched into a profanity-laced tirade against the owner. In this case, salesman Nick...
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More on the Northwestern Players Union ....

Kollman, Saucier, & Jackson
05/15/2014
Labor Law
Yes, we posted on this yesterday, but this video spoof of an interview with the Northwestern coach is priceless.  My favorite line: Q. Coach, do you think your players will cross a picket line? A. I'll tell you what - put a goal line out there and not a one of them will cross...
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NLRB Invites Briefs in Northwestern Football Players Case

Kollman, Saucier, & Jackson
05/14/2014
Labor Law
On March 26, 2014, the NLRB's Chicago Regional Director issued a decision finding that approximately eighty-five (85) scholarship football players at Northwestern University are "employees" under the National Labor Relations Act (the “Act”).   The Board conducted a secret-ballot election to determine whether the College Athletes Players’ Association would become the bargaining agent for these student-athletes, but the ballots were impounded...
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Employer Responsible For Customer Harassment Of Its Employee

Kollman, Saucier, & Jackson
05/05/2014
Employer Liability, Employment Discrimination, Sexual Harassment
In a significant ruling for employers everywhere, and particularly those in the Fourth Circuit, which includes Maryland, Virginia, West Virginia, North Carolina and South Carolina, the Fourth Circuit just held that a black female who was subjected to offensive conduct by a customer should have her Title VII harassment claims decided by a jury. With its decision in Freeman v. Dal-Tile Corp., No. 13-1481 (4th Cir. April 29, 2014), the Fourth Circuit...
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How a $50 Garnishment Error Spawned a Class Action Lawsuit

Kollman, Saucier, & Jackson
04/25/2014
State Law, Wage & Hour
This case should serve as yet another example of the long and winding road that litigation can take when a seemingly minor issue is seen as something more. Maryland’s Court of Appeals recently issued its opinion in Bonita Marshall v. Safeway, Inc., No. 56, September Term.    In Safeway, Ms. Marshall was an employee of Safeway who was subject to a creditor’s wage garnishment in 2009.  When presented with the garnishment, Safeway calculated...
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Take the Money and Run - or Not

Kollman, Saucier, & Jackson
04/23/2014
Supreme Court Decisions
During the past few years, more and more employers have found themselves in the unenviable position of having to lay off workers due to the economy.  Of course, the sting is felt more acutely by the laid off worker.  In order to lessen the sting and retain goodwill, employers sometimes grant the separated employee severance.  While most employers know that severance payments are wages for income tax purposes and, thus, income tax must be withheld...
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