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

OSHA's New Weighted Inspection Rules Go Into Effect

Frank Kollman

10/17/2019

In 2016, the Occupational Safety and Health Administration adopted new weighted inspection rules to access its enforcement activity. In the past, OSHA measured the effectiveness of its enforcement programs by counting the total number of inspections without regard to the type of inspection. In other words, OSHA gave itself credit for effective enforcement by equating an inspection of a complaint about "strange smells" emanating from a nearby...

Kollman, Saucier, & Jackson

10/16/2019

Employment Discrimination, Race Discrimination

Job descriptions are important tools in a variety of ways. What an employer puts (or doesn’t put) on a job description can make a big difference when defending an employment action down the line. For one, a job description can help employers satisfy ADA obligations by properly identifying a job’s essential functions and distinguishing them from the job’s marginal functions. This is because the ADA generally protects qualified...

Kollman, Saucier, & Jackson

10/15/2019

Disability & Leave

Employers may wish to avoid learning the details about their employees’ medical conditions. But trying to avoid such knowledge does not necessarily absolve employers of applicable reasonable accommodation obligations under the ADA. A recent case out of the Eighth Circuit demonstrates the importance of engaging in the interactive process when an employee asks for an accommodation. Garrison v. Dolgencorp, LLC, No. 18-1066 (8th Cir....

Kollman, Saucier, & Jackson

10/14/2019

Disability & Leave

Last week, the Supreme Court denied Domino’s Pizza's request to review a Ninth Circuit decision, Robles v. Domino's Pizza, LLC, No. 17-55504 (1/15/19), that holds the Americans With Disabilities Act (ADA) requires stores and other businesses to make online services accessible to disabled persons. The decision (or lack of) returns the case to a California federal court for a decision on the merits. The lawsuit was originally filed by Guillermo...

Kollman, Saucier, & Jackson

10/11/2019

Supreme Court Decisions

Earlier this week, the Supreme Court heard oral arguments in three soon-to-be landmark cases concerning LGBTQ rights under Title VII: Bostock v. Clayton County (No. 17-1618); Altitude Express, Inc. v. Zarda (No. 17-1623); and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC (18-107). Bostock and Zarda concern whether sexual orientation is protected under Title VII, while R.G. & G.R. Harris Funeral Homes questions whether Title VII...

Kollman, Saucier, & Jackson

10/09/2019

Disability & Leave

How should an employer react when its employee reports needing time off to care for a sick or disabled relative or friend? The Second Circuit recently weighed in on an ADA associational discrimination claim arising in part from an employer’s denial of a former employee’s schedule modification request to care for his disabled daughter. Kelleher v. Fred A. Cook, Inc., No. 18-2385 (2d Cir. 9/24/19). John Kelleher began working for...

Frank Kollman

10/08/2019

Arbitration

The U.S. Supreme Court has refused to review a decision of the Ninth Circuit (http://cdn.ca9.uscourts.gov/datastore/opinions/2018/12/04/16-16363.pdf) allowing an arbitrator to alter the terms of a collective bargaining agreement, despite contract language saying that the arbitrator could not alter the agreement in any way. ASARCO v. Steelworkers , No. 18-1415, Cert denied 10/7/19....

Frank Kollman

10/07/2019

Employer Training, Frank Kollman's Blog

Confirmation bias is a real thing. People give more weight to information that supports their beliefs than information than contradicts them. You should recognize this. Stereotypes are real things, too. Most are based on characteristics that many folks in a particular group might have, but that characteristic becomes a stereotype when people think everyone in the group has that characteristic and exaggerates it at the same time. In an effort to...

Frank Kollman

10/04/2019

Disability & Leave

Under the Americans with Disabilities Act, an employer may require medical examinations or make inquiries of employees about disabilities as long as the such examinations or inquiries are job related and consistent with business necessity. The employer bears the burden of proof of business necessity and job relatedness. Frequently, issues arise when employees develop medical conditions or behaviors that could affect performance and safety, and...

Kollman, Saucier, & Jackson

10/03/2019

Employment Discrimination, Hostile Work Environment, Legislative Developments, Restrictive Covenants, State Law

As of October 1, 2019, there are a series of new laws and/or amendments to existing laws that impact Maryland's workplaces and employers. These include: Significant FEPA Amendments: Maryland's anti-discrimination law, the Fair Employment Practices Act (FEPA), now includes independent contractors within the definition of employee entitled to FEPA's protections. Further, while FEPA generally applies to Maryland employers who have at least...

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Email Updates

OSHA's New Weighted Inspection Rules Go Into Effect

Employer's Departure from Job Description Can Be Evidence of Pretext

Eighth Circuit Says Employee Not Required to Use "Magic Words" When Requesting Accomodation

SCOTUS Denies Review of Domino’s Website Accessibility

Supreme Court Hears Arguments In LGBTQ-Title VII Cases

Second Circuit Offers Guidance on Associational Discrimination

Arbitrators Take One More Step Toward Infallibility

Implicit Bias Training: California Attempts To Address Feelings And Biases People Do Not Know They Have

Fitness for Duty Exams Scrutinized by Federal Court in Illinois

Maryland's New Workplace Laws, Including Significant Changes To Maryland's Anti-Discrimination Law

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