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Maryland Commission on Civil Rights Issues Poster for New Pregnancy Discrimination Law

Kollman, Saucier, & Jackson
01/13/2014
Agency Activity, Pregnancy Discrimination
As we have previously reported, on October 1, 2013, the Reasonable Accommodations for Disabilities Due to Pregnancy Act took effect for Maryland employers who have 15 or more employees. The new law requires that, unless an employer can show undue hardship, it must provide pregnant employees with various categories of accommodations upon request, including: changing the employee’s job duties; changing the employee’s work hours; relocating the...
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Nursing Home's Limited Accommodations Deemed Unlawful Pregnancy Discrimination

Kollman, Saucier, & Jackson
01/04/2014
Disability & Leave, Employment Discrimination, Pregnancy Discrimination
The United States Court of Appeals for the Sixth Circuit recently held that a nursing home’s policy of accommodating only restrictions from work-related incidents could be pretext for pregnancy discrimination.  Latowski v. Northwoods Nursing Center, No. 12-2408 (6th Cir. Dec. 23, 2013). Jennifer Latowski was employed as a certified nursing assistant (“CNA”) by Northwoods Nursing Center in Michigan.  Her doctor recommended a 50-pound lifting...
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Maryland Court Allows Sex Harassment Claim Against Ledo's Pizza to Proceed

Kollman, Saucier, & Jackson
01/02/2014
Employment Discrimination, Sexual Harassment
Just prior to Christmas, the United States District Court for the District of Maryland denied in part a motion to dismiss filed by Ledo’s Pizza & Pasta and permitted a 16 year old  plaintiff  to move forward on her sexual harassment claims, but not her claims of disparate treatment and national origin discrimination. Lopez v. BMA Corp., No. DKC 13-2406, 2013 BL 354687 (D. Md. Dec. 24, 2013). Plaintiff Rosa Lopez filed suit as parent and...
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Two Associational Discrimination Claims Treated Differently By Federal Court In Pennsylvania

Kollman, Saucier, & Jackson
12/27/2013
Employment Discrimination
During the past month, the United States District Court for the Eastern District of Pennsylvania has reached the opposite result in two cases involving claims of associational discrimination —  claims where the plaintiff alleges that he was discriminated against because of his association with others of a different race.  In Terry v. Yeadon Borough, No. 12-6205 (E.D. Pa. Dec. 13, 2013), the court concluded that the plaintiff’s claims could...
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“But-For This,” “But-For That” -- Multiple “But-For” Causes Possible In Title VII Retaliation Claim

Kollman, Saucier, & Jackson
12/26/2013
Employment Discrimination, Retaliation
The Second Circuit Court of Appeals delivered Zann Kwan an early Christmas present earlier this month when it concluded that her former employer was not entitled to summary judgment on her retaliation claim.  Zann Kwan v. Andalex Grp. LLC, No. 12-2493 (2d Cir. Dec. 16, 2013).  From April 2007 until September 2008 Zann Kwan worked as the Vice President of Acquisitions for The Andalex Group, a small family-owned real estate management company based...
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Ninth Circuit Upholds Large Attorneys Fee Award

Kollman, Saucier, & Jackson
12/23/2013
Damages, Employment Discrimination
One of the reasons lawyers have a bad reputation with lay people is because of the fees they charge, especially in highly contested litigation matters.  Plaintiffs sometimes feel that they should not have to pay lawyers to prosecute their (arguably) clear cut claims, while defendants sometimes feel that they should not have to pay lawyers to defend against (arguably) frivolous claims.  Regardless of whether you represent plaintiffs or defendants,...
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Excavator Operator With Prosthetic Leg May Be Entitled To Reinstatement Under ADA

Kollman, Saucier, & Jackson
12/23/2013
Disability & Leave
The Sixth Circuit Court of Appeals recently held that an excavator operator with a prosthetic leg may be entitled to reinstatement under the Americans with Disabilities Act (ADA) if he can perform the essential functions of his position safely.  Henschel v. Clare Cnty. Rd. Comm’n, No. 13-1528 (6th Cir. December 13, 2013). Wayne Henschel began working as an excavator operator for the Clare County Road Commission (CCRC) in 2007.  In August 2009,...
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Supreme Court Upholds ERISA Contractual Statute Of Limitations Period

Kollman, Saucier, & Jackson
12/20/2013
Employee Benefits, Supreme Court Decisions
When litigants brings claims for benefits allegedly due them under ERISA,  a participant usually must exhaust administrative remedies before filing suit to enforce his or her rights under the plan.  While this requirement is codified by federal statute, cf. 29 USC § 1132(a)(1)(B), the time a plan participant has to file a claim in court is not set by statute.  The Supreme Court recently addressed whether an ERISA plan may provide in the plan...
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Maryland Federal Court Denies Arbitration for Wage Claims

Kollman, Saucier, & Jackson
12/17/2013
Arbitration, Wage & Hour
The Federal District Court in Maryland recently issued a ruling that should give Maryland employers some concern.  In Jeffrey B. Mould v. NJG Food Service Inc., et al.,  the Court examined the effect of an arbitration agreement on an employee’s federal and state wage claims.  Most practitioners know that arbitration is generally favored by the courts and is hotly contested by plaintiffs, who prefer to try their claims before a jury.  This case...
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Michigan Court Reffirms That ADA Requires Individualized Inquiry

Kollman, Saucier, & Jackson
12/14/2013
Disability & Leave
This week a federal court in Michigan reinforced the ADA's requirement that employers conduct an “individualized inquiry” to determine whether an applicant or employee with a disability can perform the essential functions of a job.  LaFata v. Dearborn Heights Sch. Dist. No.7, E.D. Mich., No. 2:13-cv-10755, 12/11/13 Adam LaFata applied for the position of Plant Engineer with Dearborn Heights School District No. 7.  He had worked as a building...
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