Email Updates

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

I am NOT a Racist! And You “Created” My Performance Problems!

Kollman & Saucier
08/12/2019
FMLA
After 26 years, the Family and Medical Leave Act (FMLA) has pretty much reached the point where most cases rely on established jurisprudence.  There just is not that much new out there.   For example, if performance issues arise after an employee’s return to work they should be handled without regard to the employee’s use of FMLA leave.  An employee terminated after taking FMLA leave may claim retaliation and, when that occurs, the arguments...
read more

D.C. Court of Appeals Finds That Perceived-Disability Discrimination Claim May Succeed

Kollman & Saucier
08/07/2019
Disability & Leave, Employment Discrimination, Pretext
Anti-discrimination laws often protect both individuals with actual disabilities and those whose employer perceives (regards) as disabled.  Whether an employer perceives an employee as disabled, however, can be a complicated matter, as a case decided last week by the District of Columbia Court of Appeals illustrates.  Abdul-Azim v. Howard University Hospital, No. 17-CV-453 (D.C. Ct. App. 8/1/19). Abdul-Azim worked as a cardiology...
read more

Employee’s Medical Leave Can Be An Adverse Employment Action If Caused By Discriminatory Comments

Kollman & Saucier
08/02/2019
Hostile Work Environment, National Origin, Race Discrimination, Religious Discrimination
A recent case out of the U.S. District Court for the Northern District of Illinois demonstrates how a supervisor’s repeated derogatory comments about an employee’s Middle Eastern background and religion that forced her to take medical leave became a triable discrimination claim.  Odisho v. U.S. Bancorp, Inc., No. 16 C 11121 (N.D. Ill. 7/24/19). Juliet Odisho worked as a Structured Finance Analyst for US Bank (“Bank”) where she reported...
read more

Court Finds Client Remark About “Rednecks” To Be Direct Evidence Of Discrimination

Kollman & Saucier
08/01/2019
Direct Evidence, Race Discrimination
I recently blogged about a case where a supervisor told an employee that she “[couldn’t] stand [his] black ass” in an altercation that culminated in the employee’s termination.  There, despite the closeness in time between the comment and the employment decision at issue, the court found insufficient evidence of unlawful discrimination, and the employer won the case. More recently, a case out of Maryland’s federal district court...
read more

Documentation of Performance Issues Defeats Employee’s Claims of Retaliation

Kollman & Saucier
07/31/2019
Retaliation, Virginia Employment Law
Employers may find it concerning when their employees with performance issues also complain of workplace discrimination.  A recent decision out of the Eastern District of Virginia illustrates how progressive discipline, documentation of employee work performance problems, and investigation of employee workplace complaints can help protect employers in the long run.  Gooding-Williams v. Fairfax County School Board, No. 1:18-cv-01177 (E.D....
read more

Arbitrator’s Alleged Bias Against Homosexuals Is Not Grounds to Reverse Award

Kollman & Saucier
07/26/2019
Arbitration
Recently, a California Court of Appeal rejected a plaintiff/appellant’s claim that his case against his former employer -- which went to arbitration pursuant to their employment agreement -- should be reversed due to the arbitrator’s alleged undisclosed bias against homosexuals.  Bogue v. Anesthesia Service Medical Group, Inc., No. D073518 (Cal. App. 4th Dist. 7/17/19) (unpublished). Dr. Bogue was an anesthesiologist for Anesthesia Service...
read more

Third Circuit Rules Offensive Facebook Posts Did Not Create Hostile Work Environment

Kollman & Saucier
07/26/2019
Employment Discrimination, Social Media
Social media is a huge part of our lives these days, and many businesses use various social media platforms to their benefit.  However, a recent case out of the Third Circuit Court of Appeals demonstrates just how social media can become a medium for employees to harass one another and implicate liability for an employer.  Chinery v. American Airlines, No. 18-3118 (3d Cir. 7/25/19). Chinery worked as a flight attendant for American...
read more

Fourth Circuit Rejects Employee’s Claim of Mexican Heritage Bias

Kollman & Saucier
07/24/2019
Direct Evidence, Hostile Work Environment, National Origin, Pretext
Direct, qualification, and comparator evidence, oh my!  In a recent decision, the Fourth Circuit recounted the ways in which a former utility distribution serviceman failed to prove discrimination in violation of Title VII and Section 1981.  Matias v. Elon University, No. 18-2507 (4th Cir. 7/22/19) (unpublished). Matias, who is Mexican, worked for Elon University from 1999 to 2016.  After being promoted to utility distribution...
read more

Laws Proposed To Protect Marijuana Users At Work

Kollman & Saucier
07/19/2019
Medical/Legal Marijuana, State Law
I’ve bloggedin the past about ways in which Maryland’s medical cannabis law is unclear or leaves questions unanswered when it comes to employee rights under that law.  So I thought it apropos to blog here about two bills (SB863 and SB864) introduced earlier this year that aim to clarify some of the questions and expand the protections of workers who use marijuana. Screening for Use of Marijuana or Cannabis (SB863) This law seeks to...
read more

New York Bans Race Discrimination Based on Hairstyle

Kollman & Saucier
07/18/2019
Race Discrimination, State Law
New York has become the second state to include hairstyles within the definition of race for purposes of the state’s anti-discrimination law.  Last week, California became the first state to ban such discrimination. The New York State law amends the definition of “race” to mean “traits historically associated with race, including but not limited to, hair texture and protective hairstyles.”  This includes, but is not limited to,...
read more
Email Updates

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