Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

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...
read more

Virginia Court Enforces Forum Selection Clause

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...
read more

NEW MARYLAND EMPLOYMENT LAWS 2022: FREE ZOOM WEBINAR THURSDAY JUNE 23, 2022- 12:00 PM TO 1:00 PM

Kollman & Saucier
Kollman & Saucier
06/01/2022
Join Kollman & Saucier attorneys, Garret Wozniak and Bernadette Hunton, for a discussion about Maryland’s new paid family and medical leave law, the Time to Care Act of 2022, and other recently passed legislation impacting businesses in Maryland. We know you have many questions such as: When doe the Time to Care Act of 2022 take effect? Which employers are covered by the Act? For what reasons can employees receive paid leave under the...
read more

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

Kollman & Saucier
Kollman & Saucier
05/27/2022
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...
read more

Attorney’s Participation in Sexual Harassment Investigation Waives Attorney-Client Privilege

Communications between an attorney and its clients are privileged, and must not be shared in discovery.  However, when that privilege is waived, communications between a client and the attorney lose their protection and become discoverable.  That is what a U.S. District Court Judge concluded in a lawsuit filed in the U.S. District Court for the Western District of Virginia. In Jennifer Berry Brown v. Town of Front Royal, VA, Civil Action...
read more

New York State Trial Court Denies Union’s Request for Preliminary Injunction to Restore Unvaccinated Employees

Jordan Dunham
Jordan Dunham
05/18/2022
On April 21, 2022, New York Judge Judy H. Kim denied a request for a preliminary injunction filed by various unions on behalf of approximately 1,300 unvaccinated New York City (NY City) employees who were terminated from their positions on February 11, 2022.  The Plaintiffs in this case seek declaratory relief from the court, claiming their termination was in violation of their due process rights as well as a permanent injunction to require the...
read more

EEOC Issues New Guidance On ADA-Compliant Use of AI For Employment Decision-Making

Bernadette Hunton
Bernadette Hunton
05/13/2022
For the first time, the EEOC has issued guidance on how to comply with the Americans with Disabilities Act (ADA) when using artificial intelligence (AI) for employment decision-making. Overall, the Q&A document reiterates familiar principles of ADA law: (1) provide reasonable accommodations for an applicant/employee with a disability; (2) don’t use testing tools that intentionally or unintentionally screen out disabled individuals; and (3)...
read more

Delaware Enacts Family and Medical Paid Leave Law

Bernadette Hunton
Bernadette Hunton
05/11/2022
Yesterday, Delaware became the latest state to pass a law requiring private employers to participate in an insurance program that will provide paid family and medical leave to workers who meet certain eligibility requirements.  The Healthy Delaware Families Act (Act) is similar to Maryland’s recently-passed Time to Care Act, as well as laws in 10 other jurisdictions that aim to ensure employees have access to paid time off for family and medical...
read more

Professors Are Not Widgets

Garrett Wozniak
Garrett Wozniak
05/05/2022
In a recent decision, Palmer v. Indiana University, et al., No. 21-1634 (7th Cir. Apr. 14, 2022), the Seventh Circuit Court of Appeals affirmed summary judgment in favor of Indiana University and its trustees in a suit brought by a lecturer in the school’s business marketing department.  Palmer, a lecturer and then senior lecturer, alleged that he was denied an early promotion because of his race and was paid less than a white colleague in...
read more

Don’t Refuse To Hire Someone Because Of Their Sex

Garrett Wozniak
Garrett Wozniak
05/03/2022
Better yet, don’t make employment decisions based on protected characteristics.  Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on account of race, color, religion, sex, and national origin, as well as retaliation by an employer against an individual who opposes or participates in a protected activity.  Disabilities are covered by the Americans with Disabilities Act.  Age is covered by the Age Discrimination in...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading