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

Fitness for Duty Exams Scrutinized by Federal Court in Illinois

Frank Kollman

10/04/2019

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

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...

Frank Kollman

10/02/2019

Employment Discrimination, Gender Identity, Supreme Court Decisions

On October 8, the Supreme Court will hear arguments whether gender identity is a protected classification under Title VII of the Civil Rights Act, in addition to sex, race, color, religion, and national origin. R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, et al., No. 18-107. Whatever the Court decides, its opinion could have a profound impact on dress codes in the workplace. The case before the Court...

Darrell VanDeusen

09/13/2019

Employment Discrimination, Retaliation

Ok, students in my employment discrimination law class, here’s a pop quiz. “Would you like to go grab dinner with me?” said the boss to his subordinate employee. “No, thanks,” responds the employee, “I don’t believe in mixing business with pleasure.” A few weeks later, the employee is reassigned or terminated. Was the employee’s rejection of a dinner offer stated opposition to sexual harassment that qualifies as protected...

Vincent Jackson

08/21/2019

Disability & Leave, Drug Testing, Employment Discrimination

A federal district judge in Oregon ruled that a Boeing employee who was terminated from his employment for tampering with his drug test could not advance his claims for disability discrimination and retaliation past summary judgment. The case, Kelly v. The Boeing Company (D. Or. Aug. 15, 2019), reaffirms the general principle that an employer is not liable for discrimination where it holds a good faith belief of a lawful basis for its termination,...

Darrell VanDeusen

08/14/2019

FMLA

My blog earlier this week noted that the FMLA is 26 years old. Yet, is it still – in some cases – difficult to apply in a balanced way. Handling an employee’s use of unexpected intermittent FMLA leave is about the hardest issue an employer faces under this law. And, to prove my point, let’s take a look at Dyer v. Ventra Sandusky, LLC, 2019 U.S. App. LEXIS 23678 (6th Cir. Aug. 8, 2019). At issue here was the employer’s application...

Kollman & Saucier

08/13/2019

NLRB, Pretext

Two cases decided this month demonstrate how an employer’s false or inaccurate statements can bolster employees' claims that their employer engaged in unlawful discrimination. Sykes v. Fed Ex Freight East, No. 2:17-cv-13189 (E.D. Mich. 8/3/19) In this case, a supervisor’s misrepresentation or misapplication of a workplace policy led the district court to decide that the employer arguably discriminated against an employee because of his...

Darrell VanDeusen

08/12/2019

FMLA

After 26 years, the Family and Medical Leave Act (FMLA) has pretty much reached the point where most cases rely on established jurisprudence. There just is not that much new out there. For example, if performance issues arise after an employee’s return to work they should be handled without regard to the employee’s use of FMLA leave. An employee terminated after taking FMLA leave may claim retaliation and, when that occurs, the arguments...

Kollman & Saucier

08/09/2019

DOL Opinion Letters, FMLA

On August 8, 2019, the federal Department of Labor (“DOL”) issued three opinion letters which concern the Family Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). The details are as follows: FMLA2019-2-A Intermittent leave to attend Committee on Special Education (“CSE”)/Individualized Education Program (“IEP”) meetings to address the educational and special medical needs of an employee’s child is...

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Email Updates

Fitness for Duty Exams Scrutinized by Federal Court in Illinois

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

Gender Identity Bias and Employer Dress Codes

“No, Thank You,” is Not Protected Activity

Employee Believed To Have Tampered With Drug Test Cannot Prove Disability Discrimination

It’s a Headache: Worker With Intermittent FMLA Leave for Migraines Gets a Trial

How An Employer’s Misleading Statements Can Be Evidence of Discrimination

I am NOT a Racist! And You “Created” My Performance Problems!

U.S. Department of Labor Issues Three New Opinion Letters

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