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

A Case of Pregnancy and Pretext

Kollman, Saucier, & Jackson

05/23/2018

Employment Discrimination, Pregnancy Discrimination, Pretext, Sex Discrimination

How do courts handle cases of alleged pretextual behavior designed to cover up discriminatory actions? A recent Tenth Circuit decision sheds a little light on this issue. Fassbender v. Correct Care Solutions, LLC, No. 17-3054 (10th Cir. May 15, 2018). Alena Fassbender worked for Correct Care Solutions (CCS) as a medication aide at a Kansas detention center. Fassbender was pushing her medication cart down one of the center’s cell blocks on April...

Kollman, Saucier, & Jackson

05/22/2018

Arbitration, Class Actions, Employment Contracts, Labor Law, Legal Developments

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life. What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits? Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose of . . . mutual aid or protection”...

Kollman, Saucier, & Jackson

05/18/2018

Labor Law

A National Labor Relations Board Administrative Law Judge has invalidated an employer's work rule prohibiting employees from working another job without the company's approval. Nicholson Terminal & Dock Co., Case No. 07-CA-187907 (May 16, 2018). Judge Elizabeth Tafe held that the rule could be interpreted to prohibit employees from working for a union outside of working time and, therefore, unlawfully interfered with employee Section 7...

Kollman, Saucier, & Jackson

05/16/2018

Employment Discrimination, Sex Discrimination

A Lousiana federa court dismissed a sex discrimination claim brought by a former UPS manager because he failed to show that the company treated similarly situated female employees better than him. Williams v . UPS, No. 16-450-SDD-RLB (M.D.La. 5/11/18). The decision reinforces the importance of proving that a discrimination plaintiff was treated differently than persons outside their protected group to get a case to trial. In Williams, UPS...

Kollman, Saucier, & Jackson

05/10/2018

Labor Law

Imagine this: the only way you can vote is if you show up in person and bring your ID with you. Otherwise voicing your will cannot and will not be accepted. In defense of such a rule, proponents say that the requirements are “merely procedural steps necessary to prevent fraud.” Those who oppose it say the requirements significantly burden the exercise of the protected rights of those who live some distance from the voting place or who lack...

Kollman, Saucier, & Jackson

05/09/2018

Labor Law

I have represented Colleges and Universities for 33 years and I love the work. I was an adjunct at the University of Baltimore Law School for 30 years and I loved that too. The unique things that happen in the world of higher education never cease to amaze me. So, through that lens, let’s take a look at a recent decision from the Third Circuit, which provides a variety of teachable moments regarding interaction among faculty, a university’s...

Kollman, Saucier, & Jackson

05/07/2018

Disability & Leave, FMLA

Honest belief” cases can be difficult for an employer to win on summary judgment. The concept is that, even if the employer was wrong, it honestly believed that an employee should have been fired, so there was no intent to discriminate. FMLA honest belief cases are among the most interesting. On one hand, there are lots of things an employee on FMLA leave may still be able to do while complying with the requirements of his or her leave. You...

Kollman, Saucier, & Jackson

04/25/2018

Employment Discrimination, Pregnancy Discrimination

A recent decision from the Sixth Circuit Court of Appeals provides a reminder that authorized leave -- such as maternity leave -- does not insulate an employee from termination for poor performance and other inappropriate conduct. Bailey v. Oakwood Healthcare, Inc., Case No. 17-2158 (6th Cir. Apr. 23, 2018) (unpublished). Michelle Bailey worked as a senior staffing professional for Oakwood Healthcare, Inc. Nearly eight months into her tenure...

Kollman, Saucier, & Jackson

04/25/2018

Employment Discrimination

An employee cannot be discharged from a position he never held. That is the simple takeaway from a recent decision from the United States District Court for the District of Maryland. Mance v. Owings Mills Autos, LLC, Civil No. JKB-17-2222 (D. Md. Apr. 19, 2018). The plaintiff alleged that he had worked for Northwest Honda as a car salesman and then as a Used Car Manager. In 2016, Owings Mills Autos (“OMA”) purchased Northwest Honda. The...

Kollman, Saucier, & Jackson

04/20/2018

Employment Discrimination

Earlier this week, a Maryland federal court issued an opinion permitting the EEOC to proceed in a case of discrimination against several Hispanic former employees of an Edgewater carwash. United States EEOC v. Phase 2 Invs. Inc., 2018 U.S. Dist. LEXIS 65719 (D. Md. Apr. 17, 2018). The EEOC alleges that the carwash discriminated against several Hispanic former workers by “relegating” them to lower positions, denying them overtime and...

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A Case of Pregnancy and Pretext

Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

NLRB Judge Strikes Down Moonlighting Rule

Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

D.C. Circuit Rejects Union’s In-Person, Voter ID Resignation Requirement

Lawsuit over Adjunct’s use of Tenured Faculty’s Syllabus Fails Test

A Good Walk Spoiled: Golf Outing Sinks FMLA Claim

Falsified Application and Poor Performance Doom Discrimination and Retaliation Claims

No Discriminatory Discharge Of Plaintiff Who Was Not Employee

Undocumented Workers May Seek Relief Under Title VII

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