Oh God: Sixth Circuit Reverses Funeral Home Win Over Transgender Employee

Darrell VanDeusen
Darrell VanDeusen
03/09/2018
Amiee Stephens worked for a funeral home when she was known as Anthony Stephens. The funeral home is a closely held corporation, owned by a devout Christian.  The funeral home itself, however, is not affiliated with a church and does not claim to have a religious purpose in its articles of incorporation.  It is open every day, including Christian holidays, and it serves clients of all faiths. The short factual summary:  when Stephens told the...
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What Not to Say to a Pregnant Job Applicant

Channeling Rod Serling here.  “Imagine if you will….”  (for those readers too young to recognize the quote, check out “The Twilight Zone”).  You are responsible for hiring a new employee. During the interview process, an applicant says, “by the way, I am pregnant.”  How do you respond?   I have used this hypothetical in employment law training sessions.  The answer is always the same: “congratulations.”  And leave it at...
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Appeals Court Rules Sexual Orientation Discrimination Prohibited By Title VII

On February 26, 2018, the United States Court of Appeals for the Second Circuit held that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex” in violation of Title VII.    Zarda v. Altitude Express, Inc., 2d Cir., No. 15-03775 (2/26/18).  The court overturned prior decisions holding otherwise, saying that “legal doctrine evolves.”  This is the second appeals court to depart from precedent and...
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Ninth Circuit Finds Termination Based on Extramarital Affair Unlawful

Kollman & Saucier
Kollman & Saucier
02/13/2018
Just in time for Valentine’s Day, the Ninth Circuit Court of Appeals ruled in favor of a female former police officer who alleged she was terminated because of her off-duty extramarital affair with another officer.  Perez v. City of Roseville, et al., No. 15-16430. During the first six months of her employment with the police department, Janelle Perez received positive performance reviews.  After the wife of a fellow officer called the...
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Yet Another Example of the Importance of Documenting Performance Issues

Kollman & Saucier
Kollman & Saucier
02/06/2018
A case decided this past week in the United State District Court for the District of Maryland highlights the importance of documenting an employee’s (non-discriminatory) performance issues at the time they occur. Ward v. Columbia Bank, No. CCBC-16-3606 (D. Md. 2/2/18).  Plaintiff Ward began working for Columbia Bank in 1999, and was promoted to branch manager five years later.  In 2012, her branch’s overall performance began to decline. ...
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Fourth Circuit Allows EEOC to Proceed with Equal Pay Claim

Kollman & Saucier
Kollman & Saucier
01/17/2018
Last week, the Fourth Circuit issued a favorable decision for the EEOC in a case the federal agency brought against the Maryland Insurance Administration (“MIA”) for violations of the Equal Pay Act (“EPA”).  United States EEOC v. Md. Ins. Admin., 2018 U.S. App. LEXIS 298 (4th Cir. Jan. 5, 2018). The Underlying Case The lawsuit grew from three female MIA Fraud Investigators’ complaints that they made less money than male Fraud...
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Maryland Senate President: A “Women Only” Commission on Harassment. Really?

Darrell VanDeusen
Darrell VanDeusen
01/12/2018
This from the Baltimore Sun’s Legislative Reporter Erin Cox (who does excellent work reporting from Annapolis) on the first day of the session:  “Senate President Thomas V. Mike Miller said Wednesday that the General Assembly will create a ‘powerful’ new commission to recommend how the legislature should root out sexual harassment in its ranks. “Miller said he and House Speaker Michael E. Busch will create the panel, which Miller said...
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LGBTQ Protections and Best Practices Under Title VII

We are pleased to announce that Darrell VanDeusen and Alex Berg's recent article on "LGBTQ Protections and Best Practices under Title VII" has been published on Lexis Practice Advisor and Law360 (subscriptions required). A copy of the article, which is intended primarily to inform employers about the current state of the law across federal appellate courts and to provide practical pointers to businesses who face LGBTQ issues in the workplace, can be...
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Maryland Federal Court Dismisses Three Lawsuits Against County Boards of Education

Kollman & Saucier
Kollman & Saucier
12/15/2017
In the traditional sense, the “three Rs” charmingly stand for “reading, writing and arithmetic.” But retaliation, res judicata, and exhaustion of administrative remedies are the three Rs at the center of last week’s dismissals of three lawsuits involving the Boards of Education for Prince George’s, Montgomery, and Charles Counties in Maryland. In Smith v. Board of Education of Prince George’s County, the plaintiff, a teacher, was...
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Richmond Court Dismisses Discrimination and Retaliation Claims

I've been practicing employment law for over 30 years, and one thing I have learned over those three decades is that you can generally predict how a judge will rule in your case by reading the first couple paragraphs of their decision.  In Bowman v. Rescare Inc., Braley and Thompson, Civil Action No. 3:16-CV-601-JAG (10/19/17) , a recent decision from the United States District Court for the Eastern District of Virginia, Richmond Division, Judge...
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