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

Court Dismisses Hostile Work Environment Claim

Kollman & Saucier

07/27/2022

Disability & Leave, Virginia Employment Law

The United States District Court for the Eastern District of Virginia recently dismissed a claim of hostile work environment under the Rehabilitation Act. Katz v. Department of Justice, No. 1:20-cv-554 (June 20, 2022). In dismissing the case, Judge Ellis found that the plaintiff's own pleadings doomed his claim. The plaintiff was employed as a Special Agent for the DEA from May 1996 until April 2020. In 2017, Katz was diagnosed with a brain...

Kollman & Saucier

07/22/2022

Employment Discrimination

While claims of employment discrimination are somewhat commonplace, it is far less common to see cases of discrimination based on color. In Felder v MGM National Harbor, No. 20-2373, the United States Court of Appeals for the Court Circuit reversed a trial court and allowed a claim of color discrimination to proceed beyond the Motion to Dismiss stage. The case arose when the plaintiff, Britney Felder, filed suit alleging that she was...

Vincent Jackson

07/22/2022

Agency Activity, Sexual Orientation

A federal judge in Tennessee took the rare step of issuing a preliminary injunction to block the Equal Employment Opportunity Commission from issuing guidance regarding employment discrimination based upon sexual orientation or gender identity. The case stems from the EEOC’s attempt to implement the Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which held that Title VII’s ban on sex discrimination applied to...

Jordan Dunham

07/13/2022

Employee Benefits, State Law

Maryland employers need to be aware that, effective September 1, 2022, certain employers must set up a mandatory retirement program for employees. In 2016, the Maryland General Assembly passed House Bill 1378 creating the Maryland Small Business Retirement Savings Program and Trust, or “MarylandSaves” for short. Initially planned to go into effect in 2020, but delayed due to the COVID-19 pandemic, the law creates an obligation on employers...

Garrett Wozniak

07/01/2022

Race Discrimination

It was not that long ago when most workers who were working in person wore masks or other face coverings as a safety precaution. Masks come in many variations – a single color, patterned, or even descriptive, with slogans, logos, and other messages and images. Whole Foods’ dress code “prohibits employees from wearing clothing with visible slogans, messages, logos, or advertising that are not company-related.” Prior to...

Garrett Wozniak

06/28/2022

Sexual Harassment, Virginia Employment Law

Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s . . . sex.” 42 U.S.C. § 2000e-2(a)(1). Title VII’s prohibitions cover sex-based harassment that is “sufficiently severe or pervasive” such that it amounts to an actual change in an individual’s...

Kollman & Saucier

06/24/2022

Employment Discrimination

The Seventh Circuit recently reaffirmed the need to identify a relevant comparator in discrimination claims. In Abebe v. Health and Hospital Corporation of Marion County, Ms. Abebe worked as a dental assistant starting in 2014. Her behavior during her employment was marked with multiple concerns about her attitude and interactions with others. In 2016, she received a poor review for "respect" due to her negative attitude and poor interactions...

Kollman & Saucier

06/22/2022

Immigration

In its continued aggressive efforts to expand legal protections for workers and unions, the National Labor Relations Board (NLRB) General Counsel’s office recently issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Memorandum OM 22-09, titled Ensuring Safe and Dignified Access for Immigrant Workers to NLRB Processes, reiterates NLRB policy on a worker’s right to use the NLRB...

Clifford Geiger

06/17/2022

Disability & Leave

Employees sometimes assert that they suffer from stress or anxiety because they cannot work with a particular supervisor or coworker or at a particular busy or stressful location. These claims are usually unsuccessful, but they may fare better when a large employer has the option or flexibility to transfer an unhappy employee. In one recent case, a court ruled that an employee who was denied a transfer from a particular location that caused him...

Darrell VanDeusen

06/08/2022

Disability & Leave

Employers sometimes need to be reminded that a reasonable accommodation can be an easy thing. Refusing to make one without first engaging in the “interactive process” can result in prolonged litigation. After all, everyone is entitled to their decade in court. Today’s story involves a former VA employee who the Eleventh Circuit decided will be able to have a jury decide if she was illegally denied permission to park in the VA lot for...

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Email Updates

Court Dismisses Hostile Work Environment Claim

Fourth Circuit Allows Claim of Color Discrimination to Advance

Federal Judge Halts EEOC Guidance on Protections for LGBTQ Employees

MarylandSaves: A Private Employer Retirement Savings Program, Launches September 1, 2022

Whole Foods Survives Challenge to Dress Code Related Discipline

Kiss, Hugs, and Rude Comments Not Enough for Viable Sex Harassment Claim

Lack of Comparator Dooms Discrimination Claim

The NLRB Reiterates The Importance of Immigrant Worker Rights

Employee Who Requests Transfer To Less Stressful Location Gets Trial

Denied Parking Accommodation Equals Disability Trial

Email Updates