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

Maryland Legislators Considering Bills to Restrict Pre-Employment Salary Inquiries

Kollman & Saucier

02/06/2017

In January, Maryland lawmakers proposed H.B. 398 and S.B. 404 to amend Maryland’s Equal Pay Act. The Act, codified at Md. Code Ann., Lab. & Emp. § 3-301 et seq., generally prohibits discrimination in pay based on sex or gender identity for employees who work in the same establishment and perform similar jobs or work on the same operation, in the same business, or of the same type. Under § 3-304.1 of the Act, employers are...

Kollman & Saucier

02/02/2017

Supreme Court Decisions

It was a chatty ride to preschool with my Girl Child yesterday morning. We watched President Trump’s announcement of his SCOTUS nominee, Tenth Circuit Judge Neil Gorsuch last night, and she was engaging me in a game of rapid fire questions in an attempt to sort out the meaning of “nominee” in her four year old brain. What does that mean? What if they [Congress] say “No?” When do we get the real answer? And (my favorite): Will Judge...

Kollman & Saucier

01/30/2017

Agency Activity, Disability & Leave

The EEOC issued a resource document last month that discusses employee rights in the workplace related to mental health conditions. Below is a summary of key points: It Is Illegal to Discriminate Against an Employee Based on a Mental Health Condition. Discrimination includes, among other things, discharge, failure to hire or promote, and forced leave. Employers are not required to hire or retain employees who pose a “direct threat” to...

Kollman & Saucier

01/25/2017

Affordable Care Act, Legislative Developments

It has been five days since his inauguration, and the world continues to turn (and Trump continues to Tweet). Thus far, we have seen remarks on attendance figures at the Inauguration, "alternative facts," Cabinet appointments, and a slew of Executive Orders. Without getting into the politics of it all, here are some key highlights of Trump's first few days: Federal agencies have been instructed to freeze all pending regulations, which would...

Kollman & Saucier

01/20/2017

FMLA

Well, you know the rest. Unfortunately, a management-level employee in Florida perhaps doesn’t. In Holtrey v. Collier County Board of County Commissioners, an employee developed a chronic and serious problem with his genito-urinary system. He consequently applied for, and was granted, leave pursuant to the Family and Medical Leave Act. In doing so, he disclosed to his employer sensitive medical information, which a management-level...

Kollman & Saucier

01/18/2017

Age Discrimination, Employment Discrimination

In Karlo, et al. v. Pittsburgh Glass Works, LLC (no. 15-3435; filed January 10, 2017), the Third Circuit Court of Appeals ruled that plaintiffs in an ADEA disparate impact claim can make out a prima facie case by showing that certain age subgroups within the protected class were treated differently from other subgroups within that same class. Put another way, an employer cannot simply lump all those employees over the age of 40 into one pot when...

Kollman & Saucier

01/12/2017

Hostile Work Environment, Race Discrimination

An employer can avoid liability for one employee’s harassment of another employee if it takes prompt remedial action to address that harassment. One way to do this is for an employer to conduct an investigation, counsel the involved employees, and/or discipline the harassing employee. On the other hand, telling an employee who complains about racial harassment to “shut up, n***er” is not the right way to address harassment complaints....

Kollman & Saucier

01/09/2017

Disability & Leave, Employee Benefits, Legislative Developments, Paid Leave, State Law

Lawmakers in Maryland have attempted to pass a paid sick leave bill for a number of years. With the General Assembly reconvening on Wednesday, the effort is being renewed this year. Thus far, legislators have introduced House Bill 1 and House Bill 65 -- both are versions of the Healthy Working Families Act, which was introduced last session as House Bill 580. Governor Hogan has said that he will introduce paid sick leave legislation of his...

Kollman & Saucier

01/05/2017

Military Leave, Virginia Employment Law

The United States Court of Appeals for the Fourth Circuit recently ruled that the Prince William County School Board did not violate the Uniformed Services Employment and Reemployment Rights Act ("USERRA") when it fired a teacher who had returned from a four-year deployment to Kuwait. Butts v. Prince William County School Board, et. al., No. 15-1989 (4th Cir. Dec. 21, 2016). The Fourth Circuit affirmed a grant of summary judgement to the School...

Kollman & Saucier

01/03/2017

Sexual Harassment, Virginia Employment Law

In Cobbs v First Transit Co. et. al., Case No. 6:16-cv-00015 (W.D. Va. Dec. 16, 2016), a federal judge in Lynchburg, Virginia ruled that a bus company took an adverse employment action against an employee by ending her light duty assignment. In so holding, the court ruled that an employee had pled a cause of action for “quid pro quo” sexual harassment under Title VII and denied the defendants’ motion to dismiss. The case involved an employee...

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Maryland Legislators Considering Bills to Restrict Pre-Employment Salary Inquiries

Trump Nominates Gorsuch to Fill Vacant Supreme Court Seat

EEOC Issues New Guidance on Accommodating Mental Health Disorders

President Trump Is Here...

If You Don’t Have Anything Nice to Say, ...

Appellate Court Holds That ADEA Plaintiffs Can Use Employees Over 40 as Comparators

Former Chipotle Employee To Get Trial on Racial Harassment Claim

Maryland Legislative Update - The Healthy Working Families Act

Fired Virginia Teacher Fails to Establish USERRA Claim

Federal Judge Declares Ending Light Duty Assignment to be Adverse Action

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