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

D.C. Circuit Sticks Fork In Cook’s Retaliation Claims

Kollman & Saucier

04/20/2017

Employment Discrimination, Workplace Safety

“Patience is a virtue,” the saying goes. That principle was put to the test recently in a case before the United States Court of Appeals for the D.C. Circuit involving a long-tenured hotel cook who was terminated after being given (more than) his fair share of chances over the years. Johnson v. Interstate Mgmt. Co., LLC, No. 14-7164 (D.C. Cir. Mar. 3, 2017). Robert Johnson worked as a cook at a Washington, D.C. hotel from 1996 until 2011. ...

Kollman & Saucier

04/20/2017

Age Discrimination, State Law

On this 4/20, what could be more topical than a discussion of medical marijuana in the workplace? As readers of this blog may recall, the subject has previously garnered our attention, given that it raises many sticky issues such as federalism, the business judgment rule, disability law, and the balance between employee privacy interests and employers’ interests in maintaining safe and healthy workplaces. The Current Legal Regime Governing...

Kollman & Saucier

04/14/2017

Disability & Leave, Employment Discrimination

Earlier this week, a new season of the TV drama, Better Call Saul premiered, and with it came the return of the character, Charles “Chuck” McGill. Chuck, a brilliant lawyer and named partner at his esteemed law firm, suffers from “electromagnetic hypersensitivity” – which causes him to confine himself to his home without electricity and surrounded by endless sheets of aluminum, and causes others to question his mental...

Kollman & Saucier

04/11/2017

Disability & Leave, Employment Discrimination

In a recent decision out of South Carolina, a federal judge ruled that a teacher may proceed to trial on her disability discrimination claim against her school district for declining to allow her Chihuahua to accompany her at work in the classroom. Clark v. Sch. Dist. Five of Lexington & Richland Ctys., No. 3:15-cv-2664-CMC-PJG, 2017 BL 100456 (D.S.C. Mar. 29, 2017). Under the Americans with Disabilities Act ("ADA"), employers have a duty...

Kollman & Saucier

04/07/2017

Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law

The Maryland General Assembly this week passed the Healthy Working Families Act, which all but guarantees that come 2018, employees in Maryland will be entitled to sick leave. The bill was passed with veto-proof margins in both the Senate (29-18) and the House of Delegates (87-53), which means the General Assembly can override Governor Hogan’s anticipated veto when it reconvenes next year. Below is a summary of the bill which would take effect...

Kollman & Saucier

04/06/2017

Employment Discrimination

This week the Seventh Circuit became the first federal appellate court to hold Title VII protects employees from discrimination in the workplace based on sexual orientation. Hivley v. Ivy Tech Comt'y Coll. of Ind., No. 15-1720 (7th Cir. 4/4/17). In this case, plaintiff Hivley worked as a part-time professor at Ivy Tech Community College located in Indiana. After being denied hire for several full-time positions, she filed an EEOC charge based...

Kollman & Saucier

04/04/2017

State Law

Last night the North Carolina Tar Heels won their sixth NCAA championship. This, despite relocation of initial tournament rounds away from Tar Heel state in response to H.B. 2, a controversial law passed by North Carolina that restricted LGBT protections and barred transgender individuals from using restrooms that matched their gender identity. On March 30, 2017, following a year of major economic damage due to organizations-- including the...

Kollman & Saucier

03/31/2017

Employment Discrimination, Reasonable Accommodations/Undue Burden

A pharmacist with trypanophobia (a fear of needles, yes I had to Google that), worked for Rite Aid Corp. (and its predecessors) for 34 years. In 2011, Rite Aid made administering immunizations an explicit job requirement for its pharmacists. The needle-fearing pharmacist submitted medical notes about his trypanophobia which explained his blood pressure would spike, he would get anxious and lightheaded at the sight of a needle, and could faint,...

Kollman & Saucier

03/28/2017

Employment Discrimination, Sexual Orientation

In a case that has been closely watched, in Christiansen v. Omnicorp Grp., Inc., No. 16-749 (2d Cir. March 27, 2017), a three-judge panel of the Second Circuit decided that a gay, HIV-positive employee is not able to pursue a claim of sexual orientation discrimination under Title VII, concluding that Title VII does not protect against gay bias. The Second Circuit cut to the case and concluded that absent a ruling by the Supreme Court, or a full...

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D.C. Circuit Sticks Fork In Cook’s Retaliation Claims

Not So Happy 420 Day: Court Upholds Dismissal of Pot-Selling Bartender

7th Circuit Affirms Denial of “Electromagnetic Sensitivity” Discrimination Claim in Not-So-Shocking Decision

Every Dog Has Its Day (In Court): Teacher May Go to Trial Over School’s Denial of Chihuahua at Work

Maryland General Assembly Passes Veto-Proof Sick Leave Legislation

Seventh Circuit Holds Sexual Orientation Bias in the Workplace is Prohibited Under Federal Law

North Carolina Passes a New Version of its Controversial Bathroom Bill

Pharmacist Needled Out Of $2.6M Jury Award

Second Circuit Holds Sexual Orientation Not Protected By Title VII

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