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Yeah, Congress Knew Some Folks Felt That Way

Kollman & Saucier
11/08/2022
Employment Discrimination
After nearly 38 years as an employment lawyer, there are some old saws of mine I pull out (rarely, thank goodness) when talking to clients.  For example, after discussing the underlying issues in a pesky employment matter, a member of management might say “why can’t we just fire this person…?”  My go-to response is “well, yes, Congress knew some people felt that way and that’s why they passed a law against it.” As most folks...
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Employer’s Independent Review Sinks FMLA Retaliation Claim

Kollman & Saucier
09/29/2022
Disability & Leave
Employers are sometimes skittish about taking an adverse employment action for legitimate reasons against an employee who has exercised their protected rights, fearing the almost inevitable claim of retaliation.  Indeed, it seems nearly every EEOC charge I get alleges retaliation even when the facts demonstrate it wasn’t remotely possible.  That, of course, is not the way things are supposed to work.  An employee does not insulate themselves...
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An EEOC Reminder: Discrimination by Third Parties is also Illegal

Kollman & Saucier
09/28/2022
Agency Activity, Employment Discrimination
  Let’s start today’s blog with a  brief visit to Employment Discrimination Law 101.  An employer cannot discriminate on the basis of race, sex, color, etc., etc., etc.  Discrimination includes harassment – name calling, epithets, and such stuff – that creates a hostile work environment.   And (yes, I know you know this) an employer is responsible for the actions of all of its employees, not just its supervisors or managers (e.g.,...
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Fourth Circuit: ADA Protection for Gender Dysphoria

Kollman & Saucier
08/25/2022
Disability & Leave, Gender Identity
The issue of federal protection for gender identity was, it seemed, resolved with the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020), which held that Title VII’s definition of sex includes a prohibition of discrimination against gay and transgender individuals.  The LGBTQ community (along with many others) applauded this decision.  And it is settled law. But are other protections available to the...
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Quiet Quitting: Is This Your Best Work?

Kollman & Saucier
08/24/2022
Uncategorized
One of my son’s favorite movies when he was in high school was Office Space (1999).  I also enjoyed it alot. You may recall the following dialogue between Peter (Ron Livingston) and Joanna (Jennifer Aniston): Peter:               I, uh, I don't like my job. I don't think I'm gonna go anymore. Joanna:            You’re just not gonna go? Peter:               Yeah. Joanna:            Won’t you...
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Pregnancy Discrimination, Aisle 12? Maybe Not.

Kollman & Saucier
08/22/2022
Pregnancy Discrimination
Pregnancy has been in the news a lot this year, mostly due to the Supreme Court’s June 24, 2022 decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022), which overturned Roe v. Wade, 410 U.S. 113 (1973).  The Dobbs decision impacts employers, but I will save that discussion for another day. Today we will revisit the Pregnancy Discrimination Act (PDA) of 1978, and a recent decision from the Seventh Circuit that held Walmart...
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Denied Parking Accommodation Equals Disability Trial

Kollman & Saucier
06/08/2022
Disability & Leave
Employers sometimes need to be reminded that a reasonable accommodation can be an easy thing.  Refusing to make one without first engaging in the “interactive process” can result in prolonged litigation. After all, everyone is entitled to their decade in court. Today’s story involves a former VA employee who the Eleventh Circuit decided will be able to have a jury decide if she was illegally denied permission to park in the VA lot for...
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NLRB: No Union, No More Was OK

Kollman & Saucier
06/06/2022
Labor Law, NLRB
I last blogged in April and wrote about the next generation of union organizing and the current  efforts by the NLRB’s General Counsel to overturn long standing Board precedent.  Increased efforts to organize Starbucks, Amazon and Apple cannot and should not be ignored. And lots of media attention is directed at the issue.  Often, however, the view is that it’s conscience shocking to believe some employees might NOT want to be in a union. ...
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“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

Kollman & Saucier
05/27/2022
Labor Law, NLRB
On May 20, 2022, the U.S. Court of Appeals for the Third Circuit issued its decision in FDRLST Media, LLC, v. NLRB, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), holding that a non-related party could pursue an unfair labor practice (ULP) claim against the right-leaning online magazine The Federalist. The court also held, however, that no ULP was committed by the editor’s tweet about sending employees back to the “salt mine.”  In...
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More (Possible) Labor Pains

Kollman & Saucier
04/13/2022
Agency Activity, Labor Law, Union Activity
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
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