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EEOC Files Its First Sexual Orientation Discrimination Lawsuits

Kollman & Saucier
Kollman & Saucier
03/03/2016
Agency Activity, Employment Discrimination
The Equal Employment Opportunity Commission has filed two lawsuits claiming that the plaintiffs were discriminated against because of sexual orientation. These are the first cases the EEOC has filed with Title VII claims based on sexual orientation. One of the lawsuits, EEOC v. Pallett Cos, No. 16-595, was filed in the United States District Court for the District of Maryland. The other, EEOC v. Scott Med. Ctr., was filed in federal court in...
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“Hispanic” is a Race under Title VII says the Second Circuit

Darrell VanDeusen
Darrell VanDeusen
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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Appellate Court Rules That Excessive Internet Use is Legitimate Reason for Discharge

Kollman & Saucier
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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Check Casher Fails to Cash in on Overtime and Discrimination Claims

Kollman & Saucier
Kollman & Saucier
01/31/2016
Employment Discrimination, Pregnancy Discrimination, Wage & Hour
This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws.   Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...
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How Many Push-Ups Can You Do?

Kollman & Saucier
Kollman & Saucier
01/19/2016
Employment Discrimination, Sex Discrimination
As an avid Crossfitter, I just could not resist titling this blog post this way.  Jay Bauer, however, may not love the title.  Mr. Bauer was a male special agent trainee for the FBI who failed a physical fitness test (specifically the 30 push up requirement for men).  In Bauer v. Lynch, No. 14-2323 (4th Cir. Jan. 11, 2016), he challenged that differing standards for male and female trainees (14 push-ups required for women) violates Title VII of...
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End Of The Road For AutoZone Worker, Says Seventh Circuit

Kollman & Saucier
Kollman & Saucier
01/06/2016
Disability & Leave, Employment Discrimination
In a recent disability discrimination case, the Seventh Circuit ruled that the Equal Employment Opportunity Commission (“EEOC”) is not entitled to a new trial against AutoZone because it failed to prove that the employee it represented was qualified for her job.  EEOC v. AutoZone, Inc., 7th Cir., No. 15-1753 (January 4, 2016).  Affirming a jury verdict in favor of AutoZone, the Court found that there was sufficient evidence to find that the...
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Employer Sued for Harassment Gets Off Despite Comments About Oral Sex

Darrell VanDeusen
Darrell VanDeusen
12/21/2015
Employment Discrimination, Sexual Harassment
Early in my legal career (circa 1986), a female summer associate responding to my inquiry about why she wanted to be a labor and employment lawyer shrugged her shoulders and said: “it’s about the only area of law where you can use the term ‘blow job’ in conversation and it’s not inappropriate.” That memory came back to me a couple of weeks ago when I read of the court’s decision in Garner v. Clearstaff, Inc., 2015 U.S. Dist. LEXIS...
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EEOC Jumped the Gun Challenging CVS Severance Agreements

Darrell VanDeusen
Darrell VanDeusen
12/18/2015
Employment Discrimination
In a closely watched case that has had management-side employment attorneys (and their clients) on the edge of their seats, the Seventh Circuit has just handed the Equal Employment Opportunity Commission (EEOC) a defeat. The court held that the EEOC cannot pursue its claim that CVS Pharmacy’s severance agreement violates anti-discrimination laws, because the Commission did not first attempt to conciliate before suing. EEOC v. CVS Pharm., 2015 U.S....
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Supreme Court to Decide Time Limits for Filing Constructive Discharge Claim

Kollman & Saucier
Kollman & Saucier
12/02/2015
Employment Discrimination, Supreme Court Decisions
On November 30, the Supreme Court heard oral argument in Green v. Brennan (Case No. 14-613), a case in which the justices must decide when the “clock starts ticking” for purposes of constructive discharge claims. Unlike conventional discharge claims, in which the employer makes the decision to terminate the employee, constructive discharge claims arise where the employee voluntarily decides to end his or her employment (on the theory that his or...
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Another Spin on ADAAA Accommodations: Employee May Be Entitled to Swivel Chair

Kollman & Saucier
Kollman & Saucier
11/25/2015
Disability & Leave, Employment Discrimination
AA Maryland federal court ruled that the United States Postal Service may be required to provide a disabled employee with a swivel chair to alleviate neck and back pain, even though the employer had already modified job duties and provided the employee with special equipment.   Dones v. Brennan, No. 8:12-cv-03369 (D. Md. 11/23/15). In this case, Plaintiff Dones worked as a mail processor for the United States Postal Service (USPS) where he sorted...
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