Employment Discrimination Archives - Page 9 of 29

D.C. Court of Appeals Finds That Perceived-Disability Discrimination Claim May Succeed

Kollman & Saucier

08/07/2019

Disability & Leave, Employment Discrimination, Pretext

Anti-discrimination laws often protect both individuals with actual disabilities and those whose employer perceives (regards) as disabled. Whether an employer perceives an employee as disabled, however, can be a complicated matter, as a case decided last week by the District of Columbia Court of Appeals illustrates. Abdul-Azim v. Howard University Hospital, No. 17-CV-453 (D.C. Ct. App. 8/1/19). Abdul-Azim worked as a cardiology...

Kollman & Saucier

07/29/2019

Employment Discrimination, Retaliation

When serious problems in the workplace arise, a settlement and release that allows the employer and employee to go their separate ways often presents as an attractive resolution. The employee can separate neutrally to look for a more suited work environment, while the employer can move on without fear of litigation. Unless of course the agreement fails to properly address prospective employer inquiries, in which case an employer may well find...

Kollman & Saucier

07/25/2019

Employment Discrimination, Virginia Employment Law

The Americans With Disabilities Act, like most other federal anti-discrimination statutes, requires that an employee file suit within 90 days of their receipt of a Right to Sue Notice from the Equal Employment Opportunity Commission. A Virginia man recently found out that federal courts take this requirement seriously when the United States District Court for the Eastern District of Virginia dismissed his disability discrimination suit because it...

Kollman & Saucier

07/11/2019

Employment Discrimination, Gender Identity, Legal Developments, Sex Discrimination, State Law

Watching the U.S. Women’s National Team play in and win the World Cup this past weekend took me right back to my own days of competitive girls’ soccer. But nostalgia wasn’t the only thing that came to mind as the win brought additional attention to the Team’s recent lawsuit for equal pay. That lawsuit, filed in March, generally alleges that the players on the Women’s National Team (“WNT”) are paid less than the players on...

Clifford Geiger

05/15/2019

Employment Discrimination

In Figueroa v. Pompeo, No. 18-5064 (D.C. Cir. 5/10/2019), the United States Court of Appeals for the District of Columbia held that an employer cannot meet its burden to articulate a legitimate, nondiscriminatory reason for its action with vague assertions about the reasons for an adverse employment action. Richard Figueroa was employed by the U.S. Department of State (the “Department”) as a foreign service officer. He applied for...

Kollman & Saucier

05/10/2019

Employment Discrimination, Independent Contractors

To build on my colleague Vince Jackson’s recent post about the Department of Labor’s distinction between independent contractors and employees, teasing out whether an individual is (or was) a company’s employee who is generally covered by equal employment opportunity laws, or an independent contractor who is not covered, is an often difficult but critically important issue in handling employment litigation. This week, a federal court of...

Kollman & Saucier

04/12/2019

Agency Activity, Employment Discrimination, Retaliation, Sexual Harassment

The EEOC released its 2018 charge statistics earlier this week. Here are three key pieces of information to consider: Charge filings have decreased. In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of charge filings in 2010 (99,922 charges). Because charge filings tend to flow with the relative strength of the...

Kollman & Saucier

02/12/2019

Employment Discrimination, Hostile Work Environment, Sexual Harassment, Virginia Employment Law

In today's #MeToo age, it is hard not to know that sexual harassment is wrong and illegal. This recent case of unlawful sexual harassment comes with an admittedly unexpected lens. Rumors that a female employee is "sleeping her way to the top" is the latest version of prohibited sexual harassment in workplace. While endless movies, TV shows and real life certainly contain examples of others discussing by the proverbial water cooler how so-and-so...

Kollman & Saucier

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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D.C. Court of Appeals Finds That Perceived-Disability Discrimination Claim May Succeed

Separation Code That Raises Red Flags Can Constitute Post-Settlement Retaliation

Virginia Court Dismisses Late-Filed Discrimination Suit

Maryland’s Equal Pay Law: Are You In Compliance?

U.S. Court of Appeals for D.C. Joins Other Circuits Rejecting Vague Explanations From Employers

Surgeon Is Not Hospital Employee For Title VII Purposes, Seventh Circuit Holds

Some Fun Facts About The EEOC's 2018 Charge Data

Rumors About Sleeping With Her Boss Nets One Employee A Viable Sexual Harassment Claim

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

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Category: Employment Discrimination

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