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

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

Kollman & Saucier

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...

Kollman & Saucier

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...

Frank Kollman

06/07/2022

Business Law

While you have heard this expression a thousand times, it is worth repeating: "It is better to have a good customer than a good contract." If a project has gone as well as can be expected, the terms of the contract become almost meaningless. In fact, if you had to go to the contract to resolve a dispute, there was a failure of some sort. Contracts are more important when things go wrong than when things go right. Unfortunately, things often go...

Darrell VanDeusen

06/06/2022

Labor Law, NLRB

I last blogged in April and wrote about the next generation of union organizing and the current efforts by the NLRB’s General Counsel to overturn long standing Board precedent. Increased efforts to organize Starbucks, Amazon and Apple cannot and should not be ignored. And lots of media attention is directed at the issue. Often, however, the view is that it’s conscience shocking to believe some employees might NOT want to be in a union. ...

Kollman & Saucier

06/03/2022

Public Sector Employment Law, Race Discrimination, Virginia Employment Law

The United States Court of Appeals for the Fourth Circuit recently denied an Alexandria, Virginia firefighter's claim that he was denied a promotion to a paramedic position because he is Black. Lyons v. City of Alexandria, No. 20-1656 (4th Cir. 6/1/22). The Court affirmed a grant of summary judgment to the City of Alexandria, finding that the Appellant had misunderstood the City's promotion policy and failed to present any evidence of racial...

Kollman & Saucier

06/01/2022

Restrictive Covenants, Virginia Employment Law

A federal court in Richmond, Virginia recently held that a Massachusetts employee who left the company and began soliciting former clients was required to defend her actions in a Virginia court, even though she never worked in Virginia. The Hill Group of New England, LLC, v. Susan LePage, No. 3:21cv757 (E.D. Va. 5/16/22). The decision is a stark reminder that employees who sign restrictive covenant agreements as part of their employment need to...

Kollman & Saucier

05/27/2022

Labor Law, NLRB

On May 20, 2022, the U.S. Court of Appeals for the Third Circuit issued its decision in FDRLST Media, LLC, v. NLRB, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), holding that a non-related party could pursue an unfair labor practice (ULP) claim against the right-leaning online magazine The Federalist. The court also held, however, that no ULP was committed by the editor’s tweet about sending employees back to the “salt mine.” In...

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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

Protecting Your Business From the Unexpected

NLRB: No Union, No More Was OK

Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

Virginia Court Enforces Forum Selection Clause

“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

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