Louisiana Judge Holds That Jewish Heritage Can Be Basis For Race Discrimination Claim

Recently, a federal magistrate judge in Louisiana denied a motion to dismiss in a case in which the defendant is alleged to have refused to hire a football coach because of his “Jewish blood.”  Bonadona v. Louisiana College (W.D. La. July 13, 2018). The case involves Joshua Bonadona, the son of a Jewish mother and a Catholic father. Though Bonadona was raised in the Jewish religion, he converted to Christianity while attending Louisiana College...
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An Employer’s Statements Can Elevate An Employee’s Complaint Into Protected Activity

Kollman & Saucier
Kollman & Saucier
07/24/2018
The Fourth Circuit Court of Appeals has given new life to a plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964.  Strothers v. City of Laurel, 2018 U.S. App. LEXIS 18417 (4th Cir. July 6, 2018).  The Court concluded that the plaintiff reasonably believed that she was harassed because of her race and her former employer knew that she was complaining about conduct that possibly violated Title VII. The City of Laurel hired...
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Supreme Court Dodges Sticky Issues in Same-Sex Wedding Cake Case

Both sides of the political divide had been eagerly awaiting the decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.  The Supreme Court’s decision, however, largely left the central issue of the case unresolved. This case involves a Colorado baker who refused to bake a wedding cake for a same-sex couple in 2012 because doing so would have gone against his religious beliefs.  At the time he made this decision, Colorado’s...
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A Case of Pregnancy and Pretext

How do courts handle cases of alleged pretextual behavior designed to cover up discriminatory actions? A recent Tenth Circuit decision sheds a little light on this issue. Fassbender v. Correct Care Solutions, LLC, No. 17-3054 (10th Cir. May 15, 2018). Alena Fassbender worked for Correct Care Solutions (CCS) as a medication aide at a Kansas detention center.  Fassbender was pushing her medication cart down one of the center’s cell blocks on April...
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Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

Kollman & Saucier
Kollman & Saucier
05/16/2018
A Lousiana federa court dismissed a sex discrimination claim brought by a former UPS manager because he failed to show that the company treated similarly situated female employees  better than him.  Williams v . UPS, No. 16-450-SDD-RLB (M.D.La. 5/11/18).  The decision reinforces the importance of proving that a discrimination plaintiff was treated  differently than persons outside their protected group to get a case to trial. In Williams, UPS...
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Falsified Application and Poor Performance Doom Discrimination and Retaliation Claims

A recent decision from the Sixth Circuit Court of Appeals provides a reminder that authorized leave -- such as maternity leave -- does not insulate an employee from termination for poor performance and other inappropriate conduct.  Bailey v. Oakwood Healthcare, Inc., Case No. 17-2158 (6th Cir. Apr. 23, 2018) (unpublished). Michelle Bailey worked as a senior staffing professional for Oakwood Healthcare, Inc.  Nearly eight months into her tenure...
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No Discriminatory Discharge Of Plaintiff Who Was Not Employee

Kollman & Saucier
Kollman & Saucier
04/25/2018
An employee cannot be discharged from a position he never held.  That is the simple takeaway from a recent decision from the United States District Court for the District of Maryland.  Mance v. Owings Mills Autos, LLC, Civil No. JKB-17-2222 (D. Md. Apr. 19, 2018). The plaintiff alleged that he had worked for Northwest Honda as a car salesman and then as a Used Car Manager.  In 2016, Owings Mills Autos (“OMA”) purchased Northwest Honda.  The...
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Undocumented Workers May Seek Relief Under Title VII

Kollman & Saucier
Kollman & Saucier
04/20/2018
Earlier this week, a Maryland federal court issued an opinion permitting the EEOC to proceed in a case of discrimination against several Hispanic former employees of an Edgewater carwash.  United States EEOC v. Phase 2 Invs. Inc., 2018 U.S. Dist. LEXIS 65719 (D. Md. Apr. 17, 2018).  The EEOC alleges that the carwash discriminated against several Hispanic former workers by “relegating” them to lower positions, denying them overtime and...
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Target Finally Moving Out Of The Cross-Hairs Of Criminal History Hiring Discrimination Lawsuit

Target has quite the bill to pay.  As a result of alleged discriminatory hiring practices, premised upon Target's use of criminal background screening in a manner that had a disproportionate impact on minorities, Target Corp. will pay $3.74 million, and give priority hiring opportunities to black and Latino job applicants, to resolve claims that its criminal background check policy illegally excluded thousands of minority applicants from employment...
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Court Dismisses Grumpy Hospital Clerk's Claim of Age Discrimination

On March 12, 2018, a Virginia federal court dismissed a claim of age discrimination brought by a 54 year old woman who had worked for Norton Community Hospital as an admissions clerk for nearly 23 years.  In Moore v. Mountain States Health Alliance, et. al., No. 2:16CV00014 (W.D. Va. 2018), Judge James Jones granted summary judgment to the employer, reasoning that the undisputed facts showed that the plaintiff could not prove that she was meeting...
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