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Montgomery County, Maryland Lowers Bar To Prove Workplace Harassment

Kollman & Saucier
Kollman & Saucier
10/27/2020
Employment Discrimination, Sexual Harassment
On October 6, 2020, the County Council for Montgomery County, Maryland enacted Bill 14-20, which effectively lowers the standard of proof for workplace harassment cases by rejecting the “severe or pervasive” standard applicable to state and federal claims. The new county legislation defines “harassment” as “verbal, written, or physical conduct, whether or not the conduct would be considered sufficiently severe or pervasive under...
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Stress Caused By A Difficult Supervisor Is Not A Disability

Clifford Geiger
Clifford Geiger
10/01/2020
Disability & Leave, Employment Discrimination
Employers often encounter claims that an employee is suffering work-related stress and needs an accommodation for a disability.  The employee often wants reassignment to a different supervisor, usually because of the supervisor’s management style, although the employee may characterize the problem as harassment, bullying, or in other pejorative terms.  Assuming it turns out that the employee is complaining about anxiety or stress caused by the...
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EEOC Opinion Letter Presents New Interpretation Of Its Authority To Sue Employers For Systemic Discrimination

Kollman & Saucier
Kollman & Saucier
09/30/2020
Agency Activity, Employment Discrimination
On September 3rd, the EEOC issued an opinion letter that reversed course on its authority under Section 707 of Title VII of the Civil Rights Act of 1964 to initiate discrimination actions against employers.  The EEOC concluded it does not have the power to sue employers for discriminatory workplace practices without first complying with other procedural steps.  The opinion letter answered two questions: 1) does a pattern or practice claim...
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In Its Own Backyard: EEOC Must Confront Discrimination Lawsuit by Former Attorney

Darrell VanDeusen
Darrell VanDeusen
09/21/2020
Agency Activity, Employment Discrimination
Those of us who deal with the Equal Employment Opportunity Commission on a regular basis sometimes lose track of the fact that it, like the folks we represent as management attorneys, is an employer too.  And, it is subject to many of the same anti-discrimination and anti-retaliation legal requirements as the employers it investigates.  A recent decision from the D.C. Circuit shows that even the EEOC is sometimes required to explain its actions...
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Hostile Work Environment Claims Not Barred By Ministerial Exemption

Kollman & Saucier
Kollman & Saucier
09/03/2020
Disability & Leave, Employment Discrimination, Religious Discrimination
On August 31st, the Seventh Circuit Court of Appeals ruled  a minister’s hostile work environment discrimination claim is not barred by Title VII's ministerial exemption.  The court's 2-1 decision in Demkovich v. St. Andrew the Apostle Parish joined the Ninth Circuit in finding that a hostile work environment is not a permissible means of exerting constitutionally protected control over a ministerial employee.  In 2012, St. Andrew...
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Fourth Circuit Revives Black Tech’s Failure to Promote Claim Against Facebook

Kollman & Saucier
Kollman & Saucier
08/28/2020
Employment Discrimination
A jury could find that Facebook denied promotion to a black facilities worker based on race, the Fourth Circuit concluded in Gary v. Facebook, et al. No. 18-01994 (4th Cir. 8/26/20).  In this case, Gary, a Facebook facilities technician, was denied promotion based on a committee performance review.  His less-experienced white colleague was recommended instead. About a year later, Facebook fired one of the committee members, Hawkins, after...
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Sex-Plus Age Claim Viable Under Title VII

Clifford Geiger
Clifford Geiger
07/31/2020
Age Discrimination, Employment Discrimination, Sex Discrimination
In Frappied v. Affinity Gaming Black Hawk, the U.S. Court of Appeals for the Tenth Circuit became the first federal appeal s court to recognize that Title VII of the Civil Rights Act 1964 permits “sex-plus age” claims.  The case arose from a lawsuit filed against a gaming company.  The eight female plaintiffs alleged the casino for which they worked discriminated against women over 40 years old, and they brought several claims, including...
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Supreme Court Rules “Ministerial Exception” Applies to Catholic School Teachers In Discrimination Cases

Kollman & Saucier
Kollman & Saucier
07/09/2020
Employment Discrimination
On July 8th, the Supreme Court ruled that employment discrimination laws do not apply to teachers at schools run by religious institutions.  The Court's 7-2 decision in  Our Lady of Guadalupe School  was a combination of two cases brought by teachers in Catholic schools in California – Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Darryl Biel (as personal representative of the estate of Kristen...
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Supreme Court Rules That Gay and Transgender Employees Are Protected Under Title VII

Kollman & Saucier
Kollman & Saucier
06/16/2020
Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Supreme Court Decisions
In a landmark 6-3 decision, the Supreme Court ruled on Monday that Title VII protections extend to gay and transgender employees. The Bostock case was a consolidation of three cases wherein an employee was terminated for being homosexual or transgender. Gerald Bostock was fired shortly after joining a gay recreational softball league. Donald Zarda was terminated shortly after he announced being gay. Aimee Stephens was fired after informing her...
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EEOC's Updated COVID-19 Guidance: Employees Not Entitled To Accommodations Because They Live With High-Risk Individuals; Treat Older Workers Equally Despite Risk

Kollman & Saucier
Kollman & Saucier
06/11/2020
Age Discrimination, COVID-19, EEOC, Employment Discrimination, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden
In an updated guidance on COVID-19, the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC has clarified an employer need not accommodate an employee's request to telework who is not high risk but lives with high risk individuals.  The EEOC has also clarified that companies may not mandate exclude older workers and pregnant employees from the workplace even though public health authorities advise they are a higher risk group for severe...
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