The Employment Brief | Employment Law | Kollman & Saucier, P.A.

Maryland Court Allows Sex Harassment Claim Against Ledo's Pizza to Proceed

Kollman & Saucier

01/02/2014

Employment Discrimination, Sexual Harassment

Just prior to Christmas, the United States District Court for the District of Maryland denied in part a motion to dismiss filed by Ledo’s Pizza & Pasta and permitted a 16 year old plaintiff to move forward on her sexual harassment claims, but not her claims of disparate treatment and national origin discrimination. Lopez v. BMA Corp., No. DKC 13-2406, 2013 BL 354687 (D. Md. Dec. 24, 2013). Plaintiff Rosa Lopez filed suit as parent and...

Kollman & Saucier

12/27/2013

Employment Discrimination

During the past month, the United States District Court for the Eastern District of Pennsylvania has reached the opposite result in two cases involving claims of associational discrimination — claims where the plaintiff alleges that he was discriminated against because of his association with others of a different race. In Terry v. Yeadon Borough, No. 12-6205 (E.D. Pa. Dec. 13, 2013), the court concluded that the plaintiff’s claims could...

Kollman & Saucier

12/26/2013

Employment Discrimination, Retaliation

The Second Circuit Court of Appeals delivered Zann Kwan an early Christmas present earlier this month when it concluded that her former employer was not entitled to summary judgment on her retaliation claim. Zann Kwan v. Andalex Grp. LLC, No. 12-2493 (2d Cir. Dec. 16, 2013). From April 2007 until September 2008 Zann Kwan worked as the Vice President of Acquisitions for The Andalex Group, a small family-owned real estate management company based...

Kollman & Saucier

12/23/2013

Damages, Employment Discrimination

One of the reasons lawyers have a bad reputation with lay people is because of the fees they charge, especially in highly contested litigation matters. Plaintiffs sometimes feel that they should not have to pay lawyers to prosecute their (arguably) clear cut claims, while defendants sometimes feel that they should not have to pay lawyers to defend against (arguably) frivolous claims. Regardless of whether you represent plaintiffs or defendants,...

Kollman & Saucier

12/23/2013

Disability & Leave

The Sixth Circuit Court of Appeals recently held that an excavator operator with a prosthetic leg may be entitled to reinstatement under the Americans with Disabilities Act (ADA) if he can perform the essential functions of his position safely. Henschel v. Clare Cnty. Rd. Comm’n, No. 13-1528 (6th Cir. December 13, 2013). Wayne Henschel began working as an excavator operator for the Clare County Road Commission (CCRC) in 2007. In August 2009,...

Kollman & Saucier

12/20/2013

Employee Benefits, Supreme Court Decisions

When litigants brings claims for benefits allegedly due them under ERISA, a participant usually must exhaust administrative remedies before filing suit to enforce his or her rights under the plan. While this requirement is codified by federal statute, cf. 29 USC § 1132(a)(1)(B), the time a plan participant has to file a claim in court is not set by statute. The Supreme Court recently addressed whether an ERISA plan may provide in the plan...

Kollman & Saucier

12/17/2013

Firm News

Kollman & Saucier is pleased to announce that four of its partners made the annual list that is published each year by SuperLawyers: Frank Kollman, Pete Saucier, Darrell VanDeusen, and Eric Paltell. Associate Kevin Cox was named a Maryland Rising Star. Each of these attorneys was selected for his or her practice in management labor and employment...

Kollman & Saucier

12/17/2013

Arbitration, Wage & Hour

The Federal District Court in Maryland recently issued a ruling that should give Maryland employers some concern. In Jeffrey B. Mould v. NJG Food Service Inc., et al., the Court examined the effect of an arbitration agreement on an employee’s federal and state wage claims. Most practitioners know that arbitration is generally favored by the courts and is hotly contested by plaintiffs, who prefer to try their claims before a jury. This case...

Clifford Geiger

12/14/2013

Disability & Leave

This week a federal court in Michigan reinforced the ADA's requirement that employers conduct an “individualized inquiry” to determine whether an applicant or employee with a disability can perform the essential functions of a job. LaFata v. Dearborn Heights Sch. Dist. No.7, E.D. Mich., No. 2:13-cv-10755, 12/11/13 Adam LaFata applied for the position of Plant Engineer with Dearborn Heights School District No. 7. He had worked as a building...

Clifford Geiger

12/13/2013

Pregnancy Discrimination

A federal judge recently denied Weight Watchers’ attempt to dismiss a Pregnancy Discrimination Act lawsuit filed against it by the EEOC. EEOC v. The WW Group, Inc., d/b/a Weight Watchers, Case 2:12-cv-11124 PDB-MAR (E.D. Mich. Dec. 2, 2013). The suit claims that the company did not permit Wendy Lamond-Broughton (“Broughton”) to apply for a job because she was pregnant. The company defended on the grounds that Broughton was not...

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Email Updates

Maryland Court Allows Sex Harassment Claim Against Ledo's Pizza to Proceed

Two Associational Discrimination Claims Treated Differently By Federal Court In Pennsylvania

“But-For This,” “But-For That” -- Multiple “But-For” Causes Possible In Title VII Retaliation Claim

Ninth Circuit Upholds Large Attorneys Fee Award

Excavator Operator With Prosthetic Leg May Be Entitled To Reinstatement Under ADA

Supreme Court Upholds ERISA Contractual Statute Of Limitations Period

Maryland Super Lawyers, 2014 Edition

Maryland Federal Court Denies Arbitration for Wage Claims

Michigan Court Reffirms That ADA Requires Individualized Inquiry

Weight Watchers Thrown for a Loss in EEOC Lawsuit

Email Updates