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

An EEOC Reminder: Discrimination by Third Parties is also Illegal

Darrell VanDeusen

09/28/2022

Agency Activity, Employment Discrimination

Let’s start today’s blog with a brief visit to Employment Discrimination Law 101. An employer cannot discriminate on the basis of race, sex, color, etc., etc., etc. Discrimination includes harassment – name calling, epithets, and such stuff – that creates a hostile work environment. And (yes, I know you know this) an employer is responsible for the actions of all of its employees, not just its supervisors or managers (e.g.,...

Kollman & Saucier

09/02/2022

Medical/Legal Marijuana

As blogged about recently, the District of Columbia passed legislation which, once approved by Congress, will prohibit employers from taking adverse action against employees who choose to use cannabis while off-duty. Not to be outdone, on August 30, 2022, California’s state legislature passed Assembly Bill 2188 which will protect workers who use cannabis off the clock. California’s bill is now headed to Governor Newsom’s desk for...

Kollman & Saucier

08/31/2022

Labor Law

On Monday, August 29, 2022, a five member panel of the National Labor Relations Board (the “Board”) reversed course on prior precedent and held that Tesla, Inc. (“Tesla”) violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by maintaining a “team-wear” policy that, under the Board’s opinion, was unjustified under Supreme Court precedent. The opinion, Tesla, Inc., 370 NLRB No. 88 (2021) reversed course on a...

Darrell VanDeusen

08/25/2022

Disability & Leave, Gender Identity

The issue of federal protection for gender identity was, it seemed, resolved with the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020), which held that Title VII’s definition of sex includes a prohibition of discrimination against gay and transgender individuals. The LGBTQ community (along with many others) applauded this decision. And it is settled law. But are other protections available to the...

Darrell VanDeusen

08/24/2022

Uncategorized

One of my son’s favorite movies when he was in high school was Office Space (1999). I also enjoyed it alot. You may recall the following dialogue between Peter (Ron Livingston) and Joanna (Jennifer Aniston): Peter: I, uh, I don't like my job. I don't think I'm gonna go anymore. Joanna: You’re just not gonna go? Peter: Yeah. Joanna: Won’t you...

Darrell VanDeusen

08/22/2022

Pregnancy Discrimination

Pregnancy has been in the news a lot this year, mostly due to the Supreme Court’s June 24, 2022 decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022), which overturned Roe v. Wade, 410 U.S. 113 (1973). The Dobbs decision impacts employers, but I will save that discussion for another day. Today we will revisit the Pregnancy Discrimination Act (PDA) of 1978, and a recent decision from the Seventh Circuit that held Walmart...

Kollman & Saucier

08/18/2022

Firm News

Darrell VanDeusen has been named by Best Lawyers as the 2023 “Lawyer of the Year” in two categories: Labor Law – Management, and Litigation - Labor and Employment. Only a single lawyer in each practice area and community is honored with a "Lawyer of the Year" award. Darrell previously received this recognition in 2013, 2016, 2017 and 2019. K&S’s Pete Saucier and Eric Paltell are also named in Best Lawyers, with...

Kollman & Saucier

08/18/2022

Monkeypox

The recent outbreak of monkeypox creates an issue for employers whose employees, especially healthcare workers, are more susceptible to contracting the virus. First, what is monkeypox? Per the CDC, monkeypox is a rare disease caused by infection with the monkeypox virus. The monkeypox virus is part of the same family of viruses as variola virus, the virus that causes smallpox. Monkeypox symptoms are similar to smallpox symptoms, but milder, and...

Kollman & Saucier

08/17/2022

Drug Testing, Medical/Legal Marijuana, State Law

The D.C. Mayor signed the Cannabis Employment Protections Amendment Act of 2022, which prohibits adverse employment actions against marijuana/cannabis users for most off-duty use, with certain exceptions. Once the Congressional review period occurs, the law will become effective once its fiscal impact is included in an approved budget and financial plan, or 365 days after the Mayor approves the Act, whichever is later (so, at least a year from...

Kollman & Saucier

08/03/2022

Restrictive Covenants

In 2021, the District of Columbia City Council enacted the Ban on Non-Compete Amendments Act of 2020. The law was slated to prohibit the use and enforcement of non-compete agreements for nearly all employees working in D.C., with limited exceptions. The law would also prohibit anti-moonlighting and other workplace policies that bar an employee from performing work for another employer, even if a direct competitor, or operating their own...

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Email Updates

An EEOC Reminder: Discrimination by Third Parties is also Illegal

Marijuana Discrimination Protections: The New Frontier

NLRB Overturns Precedent and Holds Tesla’s Dress Code Policy Violated NLRA

Fourth Circuit: ADA Protection for Gender Dysphoria

Quiet Quitting: Is This Your Best Work?

Pregnancy Discrimination, Aisle 12? Maybe Not.

Darrell VanDeusen Named "Lawyer of the Year"

Monkeypox: "Hey COVID. Hold My Beer."

District of Columbia Enacts Employment Protections for Marijuana Users

D.C. Scales Back Non-Compete Ban

Email Updates