Announcing Kollman, Saucier & Jackson, P.A. and our relocation to Hunt Valley Read More
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Diabetic Employee May Have Right to Snack on Employer's Products as Reasonable Accomodation

Kollman, Saucier, & Jackson
04/17/2014
Disability & Leave
According to a federal court in California, a jury should decide whether the drugstore giant Walgreens violated federal law by firing a diabetic worker who opened a bag of chips during an alleged hypoglycemic attack without first paying for them.  EEOC v. Walgreen Co., No. 3:11-cv-04470 (N.D. Cal. Apr. 11, 2014). Josefina Hernandez (“Hernandez”), a cashier at Walgreens’ South San Francisco store, was on duty when she opened a $1.39 bag of...
read more

Transsexual’s Volunteer Status Did Not Bar Her Sex Bias Claims

Kollman, Saucier, & Jackson
04/15/2014
Employment Discrimination
The United States District Court for the District of Maryland held that a former U.S. Capitol Police sergeant’s volunteer status did not bar her sex bias claim against the Howard County, Maryland Police Department (the “County”).   Finkle v. Howard Cnty, No. JKB-13-3236 (D. Md. Apr. 10, 2014).  The fact that the County rejected Tomi Boone Finkle (“Finkle”) for a position with a volunteer patrol did not exclude her from coverage on the...
read more

Parental Leave Act Passed by Maryland General Assembly

Kollman, Saucier, & Jackson
04/10/2014
Disability & Leave, Pregnancy Discrimination, State Law
The 2014 session of the Maryland General Assembly came to a close Monday night, ending a 90-day term in which state lawmakers passed numerous laws, including legislation raising the state’s minimum wage.  Maryland’s minimum wage will increase to $8/hour on January 1, 2015, and gradually rise to $10.10/hour in 2018. Included among the State’s new laws is the Parental Leave Act, which requires certain employers to provide unpaid parental leave...
read more

Reasonable Accommodation Obligation Does Not Give Deaf Employee Right to Be a Bully

Kollman, Saucier, & Jackson
04/09/2014
Disability & Leave, Employment Discrimination
A recent opinion out of  the Fourth Circuit  Court of Appeals provides a good reminder:  sometimes, no matter what their "protected status," an employee’s behavior warrants dismissal.  In Pearlman v. Pritzker, No. 13-1563 (4th Cir. Apr. 3, 2014), the Fourth Circuit concluded that a federal agency lawfully fired an insubordinate employee who had a "black-list" and was known for angry outbursts. Michael Pearlman was hired by the National Oceanic...
read more

NLRB Strikes Down Hospital Rule Against Workplace "Negativity"

Kollman, Saucier, & Jackson
04/03/2014
Agency Activity, Labor Law, Social Media
I remember my fourth grade teacher, Mrs. Wilbourne, telling us a very important rule: "if you don't have anything nice to say about someone, don't say anything at all."  Well, its a good thing the current NLRB was not around back then, because it looks like they would have had a problem with that rule. In Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), a hospital decided to change its culture, which was plagued by "back-biting and...
read more

NLRB Signals What's On Its Agenda

Kollman, Saucier, & Jackson
04/01/2014
Agency Activity, Labor Law
Each year the General Counsel to the National Labor Relations Board meets with labor attorneys at the American Bar Association's Midwinter meeting of the Labor and Employment Section. In this meeting, the General Counsel answers questions about the  Board's case handling processes and priorities. On March 26, 2014, the NLRB released a memorandum summarizing the information provided by the General Counsel in this year's meeting.  For those of you...
read more

Gate of Heaven Closes Out Discrimination Claim By Raising Ministerial Exemption

Kollman, Saucier, & Jackson
03/22/2014
Employment Discrimination, Religious Discrimination
Vickie Fisher was employed as the Co-Director of Gate of Heaven Cemetery, a Catholic cemetery owned and operated by Archdiocese of Cincinnati.  In fall 2010, a cemetery employee complained to the Archdiocese that Fisher and her compatriot were part of a scheme to sell damaged grave markers for scrap metal and distribute the cash proceeds to Gate of Heaven employees.  It was also alleged Fisher was using profanity in her dealings with employees. ...
read more

Court Rules That Allstate Left Its Agents in Good Hands

Kollman, Saucier, & Jackson
03/18/2014
Age Discrimination, Agency Activity
In 1999, Allstate Insurance Company fired all of its employee agents and offered them four alternatives:  (1) convert to an independent contractor status and continue working as an exclusive agent; (2) convert to independent contractor status and sell the book of business they had developed; (3) receive an enhanced severance equal to one year’s pay; or (4) receive a basic severance of up to thirteen weeks of pay.  The first three options were...
read more

EEOC Issues New Guidance On Religious Dress And Grooming Standards

Kollman, Saucier, & Jackson
03/14/2014
Agency Activity, Reasonable Accommodations/Undue Burden, Religious Discrimination
The EEOC recently published new technical assistance explaining its view of how federal employment discrimination law, specifically Title VII, applies to religious dress and grooming standards.  Employers may encounter many types of religious dress and grooming practices according to the EEOC, including:  (a) wearing religious clothing or articles (e.g., a Muslim hijab, a Sikh turban, or a Christian cross); (b) observing a prohibition on wearing...
read more

NLRB Rules Its Legal To Outlaw "Negative Attitudes" in the Workplace

Kollman, Saucier, & Jackson
03/07/2014
Labor Law
In a February 28, 2014 decision, the National Labor Relations Board (“NLRB”) found that a South Carolina restaurant did not violate the National Labor Relations Act (“NLRA”) when it implemented a rule prohibiting employees from “displaying a negative attitude” when interacting with coworkers and customers.  Copper River of Boiling Springs, LLC, 360 N.L.R.B. No. 60 (2014). The Board’s Republican members, Philip A. Miscimarra and Harry...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.