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Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII

Kollman & Saucier
12/16/2019
Employment Discrimination, Sexual Harassment, Virginia Employment Law
A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII.  Back v. Commonwealth of Virginia, et al., No. 7:17-cv-00477 (W.D. Va. 11/27/19). Back worked as a Veterans Services Representative...
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Failure to Hire Claim May Go to a Jury After Court Doubts Employer’s Assertions

Kollman & Saucier
12/10/2019
Employment Discrimination, National Origin, Race Discrimination
The U.S. District Court for the District of Maryland recently ruled that a former employee of the Washington Metropolitan Area Transit Authority (WMATA) may proceed with trial in his race and national origin discrimination case against the transit service agency based, in part, on several of the employer’s questionable assertions concerning their hiring process.  Thomas v. Washington Metropolitan Area Transit Authority, No. PX-18-00175 (D. Md....
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Deceased Employee Lacks Standing to Sue for Discrimination

Kollman & Saucier
12/09/2019
Employment Discrimination, Litigation
The Fourth Circuit recently upheld a decision denying relief to a deceased KFC employee whose lawsuit was filed two days after his death.  House v. Mitra QSR KNE LLC, No. 18-1779 (4th Cir. 12/3/19) (unpublished). House worked as a General Manager for KFC in Baltimore when he told his supervisor he suffered from alcoholism and was seeking treatment in a rehab program.  When he returned from rehab, he discovered he had been fired.  He...
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Maryland Federal Court Finds Employee’s Reassignments Not Adverse Employment Action

Kollman & Saucier
12/04/2019
Employment Discrimination, Retaliation
The U.S. District Court for the District of Maryland recently denied relief to an employee of the Wicomico County Department of Corrections (WDCD) who claimed that she faced unlawful discrimination via several department reassignments and disciplines.  Passwaters v. Wicomico County, No. 1:18-CV-02923 (D. Md. 11/27/19). Passwaters worked as a Correctional Officer for WCDC.  She was promoted to Master Correctional Officer and offered a...
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Seventh Circuit Recognizes Claim for Hostile Work Environment Based on Disability

Kollman & Saucier
11/27/2019
Disability & Leave
Earlier this month, the Seventh Circuit Court of Appeals joined several other federal courts of appeal by explicitly holding that a claim for hostile work environment based on disability is cognizable under the ADA.  Ford v. Marion County Sheriff’s Office, et al., No. 18-3217 (7th Cir. 11/15/19). Ford worked as a deputy for the Marion County Sheriff’s Office when she suffered a debilitating injury to her hand.  She was assigned to...
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Noncompliant Employers Now Subject to Penalties Under D.C.’s Commuter Benefits Law

Kollman & Saucier
11/15/2019
State Law
Employers covered by Washington, D.C.’s commuter benefits law now may face penalties unless they provide at least one transportation benefit program to covered employees.  The law, which was passed in 2014, went through additional rulemaking procedures with a final rule being published on August 16, 2019.  The rule became effective 90 days later on November 14, 2019.  Some of the details are as follows: The law currently covers...
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DOL Rolls Out New and Proposed Rules Regarding FLSA Pay Requirements

Kollman & Saucier
11/11/2019
Agency Activity, Wage & Hour
The U.S. Department of Labor (DOL) recently took two actions implicating and potentially implicating, respectively, how employees are paid under the federal Fair Labor Standards Act (FLSA). A New Rule First, on September 27, the DOL issued a final rule on implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees.  In general, the FLSA requires...
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Temporary GI Issues Not a Disability Under California Law

Kollman & Saucier
11/07/2019
Disability & Leave
Is an employee’s temporary gastrointestinal distress as a result of his failure to take prescribed medication properly a covered disability?  Not under California’s Fair Employment and Housing Act (FEHA), according to a recent decision out of California State court.  Smith v. Space Exploration Technologies Corp., No. B289189 (Cal. App. 2d 11/1/19). Smith worked for Space Exploration Technologies Corporation (SpaceX) as a Development...
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Eleventh Circuit Finds Employer’s “Not a Team Player” Comment Not Proof of Retaliation

Kollman & Saucier
11/06/2019
Retaliation
A recent decision out of the Eleventh Circuit demonstrates how easily an employer’s purportedly negative comment made closely in time to an employee’s legally protected activity can form the basis of an allegation that the employer unlawfully retaliated.  Jacomb v. BBVA Compass Bank, No. 18-11536 (11th Cir. 11/4/19) (unpublished). Jacomb was hired as a Senior IT Project Manager for BBVA Compass Bank (BBVA).  A few years later, she...
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Courts of Appeal Shed Light on "Regarded as Disabled" Claims

Kollman & Saucier
10/31/2019
Disability & Leave
“Being regarded as having” a disability is covered by the ADA.  “Being regarded as will be having” a disability is awkward to say -- and not covered by the ADA.  This is the conclusion at which the Seventh Circuit recently arrived in Shell v. Burlington Northern Santa Fe Railway Co., No. 19-1030 (7th Cir. 10/29/19). Shell worked for Corwith Rail Yard when Burlington Northern Santa Fe (BNSF) took over operations in 2010.  BNSF...
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