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

Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Kollman & Saucier

12/26/2018

Disability & Leave, Employment Discrimination, State Law

Nearly two weeks ago, in a post on associational discrimination claims, I pointed out that while these claims may be relatively uncommon, they are still possible under the ADA and Maryland law. By contrast, last week, a Kentucky state court held that the Kentucky Civil Rights Act (KCRA) does not encompass associational discrimination claims. The case is Barnett v. Central Kentucky Hauling, LLC, No. 2017-CA-001746-MR (Ky. Ct. App. Dec. 21,...

Kollman & Saucier

12/18/2018

Employment Discrimination, Virginia Employment Law

A Fourth Circuit case decided this past week is yet another example of how documenting employee performance problems-- at the time they actually occur-- can save an employer from a retaliation claim, even when an employee is fired immediately after a complaint of unfair treatment. McDougald v. Quad/Graphics Mktg., No. 18-1026 (4th Cir. 12/13/18). In this case, Plaintiff McDougald worked as a press tech in a printing plant acquired by Quad/Graphics...

Kollman & Saucier

12/14/2018

Disability & Leave

Unlike cases of discrimination based on an employee’s own protected status, there seem to be far fewer claims of discrimination based on an employee’s relationship with a protected individual. But this did not stop a former county courthouse employee from filing a lawsuit last December claiming that her termination from the Marion Superior Court in Indianapolis violated the association provision of the ADA. Amber Bridges v. City of...

Kollman & Saucier

12/14/2018

Employer Liability, Workplace Safety

I remember driving downtown to visit a client this past summer. I was waiting at the traffic light at Light and Lombard streets and must have seen at least a dozen people riding by on scooters. For better or worse, I had no clue until that day that electric scooters (or e-scooters) were a thing. They have quickly descended upon many major cities. They are app-based scooters that permit a user to ride across the city, up to 15 miles per hour,...

Kollman & Saucier

12/11/2018

Employer Liability, Employment Discrimination, Retaliation, Sexual Harassment

Employers are by now well-versed in the concept that under Title VII, an employer is strictly liable for a supervisor's harassment when the harassment results in a tangible employment action. The obvious employment actions include termination, demotion, failure to promote, reassignment with significantly different responsibilities, etc. The Fourth Circuit Court of Appeals, in Ray v. International Paper Co., No. 17-2241 (4th Cir. 2018), added to...

Kollman & Saucier

12/07/2018

Agency Activity, Wage & Hour

Employers in the restaurant industry are probably familiar with the tip credit, which, in general terms, allows an employer to claim a “credit” between what it pays tipped employees and the minimum wage. The tips that such employees earn, and form the basis for the “credit,” are thought to make up for this gap. However, problems arise when tipped employees perform side work that is related, but not part of, the tipped work. For example,...

Kollman & Saucier

11/30/2018

Legal Developments

It isn’t often that I get to write about an opinion on a criminal law matter. However, the Maryland Court of Appeals’ opinion in Agnew v. State, No. 9, September Term 2018 (Md. Nov. 20, 2018), provides that chance. In Agnew, Maryland’s highest court addressed the following question: “Was a recorded communication on a [cell] phone between [Agnew] and an unidentified speaker intercepted in violation of the Maryland Wiretap Act and...

Kollman & Saucier

11/28/2018

Medical/Legal Marijuana

In 2010, an employee for Charter Communications, LLC was approved for a medical marijuana card (under Montana state law) to treat low back and stomach pain. He could use the medical marijuana when he was not working, operating heavy equipment, or driving. In January 2016, the employee hit a pole while working and driving a Charter-owned vehicle. He tested positive for THC following two post-accident urinalysis tests. Charter terminated the...

Kollman & Saucier

11/19/2018

Retaliation

The United States Court of Appeals for the Fourth Circuit has ruled that an employee's review and copying of confidential personnel files to be used in support of her charge of discrimination is not protected by Title VII's anti-retaliation provisions when it was done in violation of a state law. Netter v. Barnes, No. 18-1039 (4th Cir. 11/15/18). The case arose when Catherine Netter, a 19-year veteran of the Guilford County, North Carolina Sheriff's...

Darrell VanDeusen

11/14/2018

Employer Liability, Hostile Work Environment, Litigation, Race Discrimination

Over my career, I have dealt with my share of “you can’t make this up” situations. The kind where outrageously offensive or harassing workplace behavior has occurred, and the employer needs to – and wants to – figure out who did it and take steps to stop it from happening again. Indeed, that’s one of the benefits of representing management: you can have the chance to assist in helping change culture (even if that “culture” appears...

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Email Updates

Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Virginia Employer Defeats Retaliation Claim With Timely Documentation of Performance Issues

Associational Discrimination Claims: Are They Viable?

E-Scooters... What's An Employer To Do?

Losing Out On Voluntary Overtime Chances Can Be Tangible, Adverse Action.

Department of Labor Rescinds 80/20 Tip Rule

Maryland Wiretap Act No Shield For Surreptitious Recorder

Montana Worker’s Wrongful Discharge Claim Goes Up In Smoke

Employee Who Copies Personnel Records Loses Retaliation Claim

When is Enough Harassment Investigation Enough?

Email Updates