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Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

Kollman & Saucier
06/08/2016
Employment Discrimination, Joint Employer, Legislative Developments, Sex Discrimination, State Law
On May 19, Governor Hogan signed into law the Equal Pay for Equal Work Act of 2016.  The law, which takes effect on October 1, 2016, amends the state’s existing wage discrimination law in several significant ways. Changes that Protect Employees There are several notable changes in the amendment that give broader protections to employees, including: Prohibiting pay discrimination because of gender identity.  LGBT employees are now explicitly...
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Lack of Experience Sinks Case for Wanna-Be Female Football Coach

Kollman & Saucier
04/21/2016
Employment Discrimination, Sex Discrimination
How can you get experience for a job if you can’t get a job to get you the experience? That was at least a part the problem for Sue Ann Easterling, according to a federal court judge in Louisiana last week.   Easterling applied for a job as a high school head football coach in Tensas Parish.  When she was not selected for the job she sued the School Board, alleging sex discrimination and retaliation because she was perceived as a litigious...
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Ooh, It Makes Me Wonder… It Really Makes Me Wonder.

Kollman & Saucier
04/19/2016
Litigation
This is a law-related blog, honest.  But first a story.   When I was in ninth grade our English teacher asked each student to pick a song where the lyrics REALLY meant something to us, and recite those lyrics in front of the class.  Coming from a home where my mother often listened to Broadway musicals, I picked You’ll Never Walk Alone from Rodgers & Hammerstein’s Carousel. I had the great misfortune to be picked to recite those lyrics...
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Appellate Court Rules That Obesity is Not a Disability Under the ADA

Kollman & Saucier
04/08/2016
Disability & Leave, Employment Discrimination
It’s no secret that there is an obesity epidemic in America.  According to the Centers for Disease Control (CDC), more than 1 in 3 adults (78.6 million total) are now obese.  In addition to its adverse effects on health and lifestyle, obesity also imposes tremendous financial costs: it is estimated that the average obese person incurs $1,429 more in medical costs each year than those who are of “normal” weight (BMI between 18-24.9), with a...
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Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

Kollman & Saucier
04/06/2016
Class Actions, Supreme Court Decisions, Wage & Hour
Class-action lawsuits are typically viewed as high-risk, high-reward endeavors.  In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA).  577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...
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North Carolina Enacts The Most Sweeping Anti-LGBT Law In The Country

Kollman & Saucier
03/29/2016
Gender Identity, Legislative Developments, Sexual Orientation, State Law
I went to law school in North Carolina.  My daughter went to college there, at a school that uses a lighter color blue than the one I went to.  I have family members and dear friends who have lived in North Carolina for decades.  I mention this because I love the state of North Carolina.  Maybe just not some (many) of its legislators, or at least 82 of them.  As I heard the author John Irving say just this past week:  “if you must practice...
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Economic Realities May Make HR Manager Liable for FMLA Violation

Kollman & Saucier
03/22/2016
Employer Liability, FMLA, Supervisor Liability
Addressing the issue for the first time, the Second Circuit has held that supervisors can be individually liable for violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq.  Graziadio v. Culinary Inst. of America, 2016 U.S. App. LEXIS 4861 (2d Cir. March 17, 2016).  In so doing, the court joins other federal appellate courts that have applied the Fair Labor Standards Act’s (FLSA), “economic realities” test to...
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“Hispanic” is a Race under Title VII says the Second Circuit

Kollman & Saucier
02/25/2016
Employment Discrimination
The issue of what constitutes “race” under anti-discrimination laws is more complicated that one might think. In a recent decision, the Second Circuit held that “Hispanic” ethnicity constitutes a “race” under Title VII and Section 1981. Vill. of Freeport v. Barrella, 2016 U.S. App. LEXIS 2629 (2d Cir. February 16, 2016). The facts of the case are not all that important, but worth a review nevertheless. Christopher Barrella (who is white)...
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EEOC Proposes Quotas for Disabled Affirmative Action under the Rehab Act

Kollman & Saucier
02/25/2016
Agency Activity
On February 24, 2016, the EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register describing specific actions that federal agencies must take to comply with their obligation to engage in affirmative action in employment for individuals with disabilities. The public now has 60 days (until April 25) to submit comments. EEOC has also published a question-and-answer document on the NPRM and a document providing background...
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Appellate Court Rules That Excessive Internet Use is Legitimate Reason for Discharge

Kollman & Saucier
02/05/2016
Employment Discrimination, Social Media
Though employers no doubt hope that everyone in their workforce is focused on their tasks at hand at all times, the reality in this era of social media is that that is not always the case. In the same vein, employers often have policies discouraging personal Internet usage, but those policies are nearly impossible to enforce. When may an employer draw the line on personal Internet use? The Tenth Circuit recently explored the issue in Montoya v....
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