Kollman, Saucier, & Jackson, Author at Kollman, Saucier & Jackson P.A.

Marital Association Claim Nixed By Eighth Circuit

Kollman, Saucier, & Jackson

03/20/2019

First Amendment Protections, Political Appointments, Sexual Harassment

As most of us know, the First Amendment protects “freedom of association,” among the various protections it offers. And, what could be much more associational than marriage? Courts refer to that as “intimate association.” The constitutional right to intimate association protects the formation and preservation of certain kinds of highly personal relationships, thereby restricting governmental intrusion and interference. A recent...

Kollman, Saucier, & Jackson

03/18/2019

Arbitration, Legislative Developments

Alternative Dispute Resolution (ADR) in the employment arena has been a hot topic for a couple of decades now. ADR, of course, comes in a variety of flavors – mediation and arbitration are a couple of them. But essentially, the ADR concept is to find ways other than a lawsuit in court to resolve claims more quickly and with less expense. That, at least conceptually, is a good thing, since court fights can take many years to work their way...

Kollman, Saucier, & Jackson

03/08/2019

Agency Activity, Legal Developments, Legislative Developments, Wage & Hour

This has been an action-packed week on the wage and hour frontier. Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor Standards Act (FLSA) from its 2004 levels. All employees who are paid a salary falling...

Kollman, Saucier, & Jackson

02/22/2019

Sexual Harassment

Earlier this week, a federal court in Oklahoma found that a former delivery driver for an auto parts store could not succeed on her sexual harassment claim based on a store customer’s conduct. Paden v. O’Reilly Auto. Stores, Inc., No. 4:2017-cv-00621 (N.D. Okla. Feb. 19, 2019). Paden began delivering auto parts for O’Reilly in March 2015. When Paden met Henry, a delivery customer, harassment ensued. Henry stated, “I can...

Kollman, Saucier, & Jackson

02/21/2019

Drug Testing

It’s no secret that legalized medical and recreational marijuana use is on the rise and causing employers to deal with their employees’ rights, if any, that come with it. Recently, an Arizona court found for an employee in a case of discrimination under the Arizona Medical Marijuana Act (AMMA). Whitmire v. Wal-Mart Stores Inc., Case No. 3:17-cv-08108 (D. Ariz. Feb. 7, 2019). Carol Whitmire worked as a cashier and customer service...

Kollman, Saucier, & Jackson

01/16/2019

Employment Discrimination, Supreme Court Decisions

The Supreme Court has granted a writ certiorari to address the question of whether Title VII’s requirement of the need to file a charge with the Equal Employment Opportunity Commission (EEOC) before going to court is a jurisdictional or administrative exhaustion requirement. The case comes from the Fifth Circuit and has been bouncing around the lower courts for many years. Davis v. Fort Bend Cty., 893 F.3d 300 (5th Cir. 2018), cert....

Kollman, Saucier, & Jackson

01/13/2019

Employment Discrimination, Labor Law, NLRB

Note: This is a story about an employment issue at the NLRB. Apropos of nothing perhaps, the NLRB has been open throughout the Government Shutdown, while the EEOC has been closed. We all misplace stuff, right? I found my car keys right where I left them. And my glasses were right on my forehead, which my wife pointed out to me. But, in 34 years of law practice, I have never misplaced (read “lost”) confidential documents. I do recall...

Kollman, Saucier, & Jackson

12/28/2018

Employment Discrimination, Reasonable Accommodations/Undue Burden, Religious Discrimination

Last week, as many readers are likely aware, a high school wrestling referee in New Jersey ordered an African American student wrestler tocut his dreadlocksimmediately prior to a match, or else forfeit the match. According to the referee, the dreadlocks and head covering the wrestler offered to wear violated the league’s rules. A video of the controversial haircut hit the internet, quickly inciting responses from many people that the...

Kollman, Saucier, & Jackson

12/26/2018

Disability & Leave, Employment Discrimination, State Law

Nearly two weeks ago, in a post on associational discrimination claims, I pointed out that while these claims may be relatively uncommon, they are still possible under the ADA and Maryland law. By contrast, last week, a Kentucky state court held that the Kentucky Civil Rights Act (KCRA) does not encompass associational discrimination claims. The case is Barnett v. Central Kentucky Hauling, LLC, No. 2017-CA-001746-MR (Ky. Ct. App. Dec. 21,...

Kollman, Saucier, & Jackson

12/14/2018

Disability & Leave

Unlike cases of discrimination based on an employee’s own protected status, there seem to be far fewer claims of discrimination based on an employee’s relationship with a protected individual. But this did not stop a former county courthouse employee from filing a lawsuit last December claiming that her termination from the Marion Superior Court in Indianapolis violated the association provision of the ADA. Amber Bridges v. City of...

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Marital Association Claim Nixed By Eighth Circuit

“Forced” Arbitration Under Fire

Two Important Wage-Related Updates

Employer Escapes Liability For Customer Sexual Harassment Of Employee

How High? Court Rejects Employer’s Belief That Employee Was Impaired At Work

Supreme Court to Decide if EEOC Charge Filing is Jurisdictional or Administrative

Now Where Did I Put Those Confidential Documents?

Employee Grooming Standards: Ensuring Your Policy Complies With Title VII

Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Associational Discrimination Claims: Are They Viable?

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Author: Kollman, Saucier, & Jackson

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