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Baltimore City Council Passes "Ban the Box" Law

Kollman, Saucier, & Jackson
04/29/2014
Legislative Developments, State Law
The “Ban the Box” ordinance passed by the Baltimore City Council (over the vehement protests of  the City's business community)  on Monday, April 28 (“the Bill”) is expected to be signed into law by Mayor Stephanie Rawlings-Blake.  The Bill will become effective 90 days after it is signed by the Mayor and will affect the hiring practices of many employers.  If enacted, Baltimore City will join about 60 other localities nationwide with...
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How a $50 Garnishment Error Spawned a Class Action Lawsuit

Kollman, Saucier, & Jackson
04/25/2014
State Law, Wage & Hour
This case should serve as yet another example of the long and winding road that litigation can take when a seemingly minor issue is seen as something more. Maryland’s Court of Appeals recently issued its opinion in Bonita Marshall v. Safeway, Inc., No. 56, September Term.    In Safeway, Ms. Marshall was an employee of Safeway who was subject to a creditor’s wage garnishment in 2009.  When presented with the garnishment, Safeway calculated...
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Parental Leave Act Passed by Maryland General Assembly

Kollman, Saucier, & Jackson
04/10/2014
Disability & Leave, Pregnancy Discrimination, State Law
The 2014 session of the Maryland General Assembly came to a close Monday night, ending a 90-day term in which state lawmakers passed numerous laws, including legislation raising the state’s minimum wage.  Maryland’s minimum wage will increase to $8/hour on January 1, 2015, and gradually rise to $10.10/hour in 2018. Included among the State’s new laws is the Parental Leave Act, which requires certain employers to provide unpaid parental leave...
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Breaking News - Gender Identity Protection Likely in Maryland

Kollman, Saucier, & Jackson
03/29/2014
Legislative Developments, State Law
On March 27, the Maryland House of Delegates, 82-57, passed a bill banning discrimination on the basis of gender identity. The same bill passed the state Senate earlier this month, 32-15. Governor O’Malley has stated he will sign it into law. Once signed, it is likely the law will take effect October 1, 2014. Maryland will join 17 other states and D.C. in adding Gender Identity as a protected class to anti-discrimination laws. Senate Bill 212 is...
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Legal Pot Smoking Not Protected by Disability Discrimination Law

Kollman, Saucier, & Jackson
08/29/2013
Disability & Leave, State Law
According to a federal court in Colorado, having a prescription for medical marijuana does not excuse a failed drug test.   Curry v. MillerCoors, Inc., Docket No. 1:12-cv-02471 (D. Colo. Sept 17, 2012) Paul Curry worked for MillerCoors, Inc.  According to his complaint, Mr. Curry suffers from hepatitis C, osteoarthritis and pain, and he is licensed by the State of Colorado to use medical marijuana pursuant to that state’s Medical Marijuana...
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State Attorneys General Challenge EEOC Guidance on Background Checks

Kollman, Saucier, & Jackson
08/01/2013
Agency Activity, Employment Discrimination, State Law
Over the past two years, the Equal Employment Opportunity Commission has taken an increasingly narrow view of when employers can use criminal background information to exclude a job applicant.  In April 2012, the EEOC  issued  Enforcement Guidance No. 915.002, which  suggests that employers must  conduct an individualized assessment of each job applicant’s criminal background and show “a demonstrably tight nexus” between the criminal...
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Male Employee Who Wears “Girly” Shirts May Have Sexual Harassment Claim

Kollman, Saucier, & Jackson
07/19/2013
Employment Discrimination, Sexual Harassment, State Law
A federal district court in California recently held that a male state investigator teased for wearing “girly” clothes stated a claim of sex-based harassment in violation of Title VII and California’s Fair Employment and Housing Act.  Felix v. Calif. Dep’t of Developmental Servs., No. 1:13-cv-00561 (E.D. Cal. July 12, 2013).  Robert Felix worked as a special investigator at a California state agency.  In April 2013, Felix and his fellow...
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Maryland Employers Required To Provide “Light Duty” And Other Reasonable Accommodations For Pregnant Temporarily Disabled Employees

Kollman, Saucier, & Jackson
05/23/2013
Disability & Leave, Legislative Developments, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden, State Law
One of the biggest changes coming to Maryland employers with 15 or more employees will last more than 9 months.   Governor Martin O’Malley signed into law the requirement that employers provide to pregnant employees certain reasonable accommodations beyond those presently required by the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).  Under the Reasonable Accommodations for Disabilities Due to Pregnancy Act,...
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Maryland Governor Signs New Law to Enforce Wage Claims

Kollman, Saucier, & Jackson
05/21/2013
Legal Developments, Legislative Developments, State Law, Wage & Hour
Last week, Maryland Gov. O'Malley signed into law the "Lien for Unpaid Wages Act." This new law, SB 758, allows employees to file a lien against their employer’s real or personal property for unpaid wages allegedly due them. Once the employee files a lien, the employer must file a complaint setting forth its defenses in the Circuit Court where the employer's property is located within 30 days. If the employer fails to do so, the employee will have...
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Employer’s Consistent Explanation for Discharging Employee Defeats Discrimination Claims

Kollman, Saucier, & Jackson
04/11/2013
Disability & Leave, Employment Discrimination, FMLA, Reasonable Accommodations/Undue Burden, Retaliation, State Law
In Anderson v. Discovery Communications, 8:08-cv-02424, 2013 WL 1364345 (4th Cir. Apr. 5, 2013), the Fourth Circuit affirmed a decision from the United States District Court for the District of Maryland granting summary judgment to Discovery and a cadre of individual defendants on claims under the Americans with Disabilities Act (ADA), Montgomery County Human Rights Act (MCHRA), and Family and Medical Leave Act (FMLA). Though unremarkable in and of...
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