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Maryland Court Dismisses Discrimination Claims Based on Employer's Background Check

Kollman, Saucier, & Jackson
01/24/2019
Business Law, Employment Discrimination
In the Internet age, many employers take it upon themselves to do their own "informal" background check on new hires by Googling the person's name to see what comes up.  While it is not illegal to conduct such searches, a recent court decision from a Maryland federal judge shows that these searches may lead to litigation. In the case of Bing v. Brivo Systems, LLC, No. PX-18-1543 (D. Md. 1/22/19), Plaintiff Bing applied for a  job as a Customer...
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Court Orders Employee to Turn Over Social Media Posts

Kollman, Saucier, & Jackson
01/22/2019
Employment Discrimination, Social Media
When an employee files a lawsuit against their employer, the employer often asks for discovery into the employee’s personal life.  While many of these discovery disputes have focused on subjects such as medical and financial records, recent battles have focused on social media accounts.  A recent decision from the United States District Court for the Eastern District of Michigan found that an employer does have the right to delve into Facebook...
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Supreme Court to Decide if EEOC Charge Filing is Jurisdictional or Administrative

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....
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Now Where Did I Put Those Confidential Documents?

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...
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Employee Grooming Standards: Ensuring Your Policy Complies With Title VII

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

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,...
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Virginia Employer Defeats Retaliation Claim With Timely Documentation of Performance Issues

Kollman, Saucier, & Jackson
12/18/2018
Employment Discrimination, Virginia Employment Law
A Fourth Circuit case decided this past week is yet another example of how documenting employee performance problems-- at the time they actually occur-- can save an employer from a retaliation claim, even when an employee is fired immediately after a complaint of unfair treatment.  McDougald v. Quad/Graphics Mktg., No. 18-1026 (4th Cir. 12/13/18). In this case, Plaintiff McDougald worked as a press tech in a printing plant acquired by Quad/Graphics...
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Losing Out On Voluntary Overtime Chances Can Be Tangible, Adverse Action.

Kollman, Saucier, & Jackson
12/11/2018
Employer Liability, Employment Discrimination, Retaliation, Sexual Harassment
Employers are by now well-versed in the concept that under Title VII, an employer is strictly liable for a supervisor's harassment when the harassment results in a tangible employment action.  The obvious employment actions include termination, demotion, failure to promote, reassignment with significantly different responsibilities, etc.  The Fourth Circuit Court of Appeals, in Ray v. International Paper Co., No. 17-2241 (4th Cir. 2018), added to...
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Parties Seek Supreme Court Guidance on Transgender Identity Discrimination

Kollman, Saucier, & Jackson
10/27/2018
Employment Discrimination
Earlier this year, R.G. & G.R. Harris Funeral Homes, Inc. appealed the Sixth Circuit’s decision against it that found that “sex” discrimination under Title VII encompasses “gender identity” discrimination.  The case was brought by Aimee Stephens, a transgender former funeral home director, whom the funeral home terminated a few weeks after she announced that she intended transition to a woman.  The funeral home maintained that...
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Think You Understand Employment Discrimination Law? Here’s a Test.

Kollman, Saucier, & Jackson
09/11/2018
Employment Discrimination, State Law
If you are a student of employment law, you likely know the basics of employment discrimination and the concept of “disparate treatment” – the theory that it is impermissible to intentionally treat someone differently because they are a member of a protected class.  That’s where you get the most typical claims of discrimination.  The “I wasn’t hired because of my national origin,” or “I didn’t get paid the at the same wage because...
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