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

NLRB Issues Guidance on New Federal Contractor Reporting Obligations

Kollman & Saucier

07/21/2016

In the aftermath of the Fair Pay and Safe Workplaces Executive Order, which President Obama signed on July 31, 2014, the NLRB Office of General Counsel has issued guidance to its regions concerning the collection of additional information and reporting of certain federal contractors. Federal contractors and employment lawyers may recall that the Fair Pay and Safe Workplaces Executive Order requires the EEOC, DOL and NLRB to collect and provide to...

Kollman & Saucier

07/15/2016

Employment Discrimination, Sexual Harassment

As the second half of the Major League Baseball season begins tonight (with thanks to Zach Britton, Matt Wieters, and the rest of the Orioles All-Stars for helping to win World Series home-field advantage for the AL), the First Circuit offered another reminder that baseball doesn't always mix well with the workplace. Burns v. Johnson, No. 15-1982 (1st Cir. July 11, 2016). Kathleen Burns began working for the Transportation Security Administration...

Kollman & Saucier

07/14/2016

Disability & Leave, Retaliation

As courts have observed, the Americans with Disabilities Act (ADA) provides a “most favored nation” status to the millions of us who have physical or mental impairments. Though the law provides a benefit (reasonable accommodation) to disabled individuals that is not required to be given to the general public, this benefit is not without limitations. For example, as the Tenth Circuit recently affirmed, an individual with a disability must...

Kollman & Saucier

07/07/2016

Employment Discrimination, Retaliation

In Brooking v. New York Dep’t of Taxation & Fin., No. 1:15 cv-0510 (N.D.N.Y. July 5, 2016), a federal district court in New York ruled that an employee whose job is to report and/or investigate the discrimination complaints of other employees does not engage in protected activity merely by doing those things required of his job. That same employee does engage in protected activity, however, when he actively supports the complaints of others...

Kollman & Saucier

07/06/2016

Employment Discrimination

An employer can prevail at the summary judgment stage by demonstrating legitimate, non-discriminatory, and non-pretextual reasons for an employment decision. That is the lesson of DeWalt v. Harrison Cty. Comm’rs, No. 15-4189 (6th Cir., June 30, 2016), a case involving dog wardens, a stolen radio, and local politics. Tina DeWalt worked as a dog warden for the Board of Commissioners of Harrison County, Ohio until the Board abolished her position...

Kollman & Saucier

06/30/2016

Agency Activity, Labor Law

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its revised "Persuader Rule," which had been set to take effect on July 1, 2016. The Court found that NFIB and other plaintiffs established a substantial likelihood of success on...

Kollman & Saucier

06/28/2016

Agency Activity, Employment Discrimination

On June 23, 2016, the Equal Employment Opportunity Commission and IFCO Systems settled for about $200,000 a Title VII case involving a lesbian work lift worker who alleged she was harassed and discriminated against based on her sexual orientation. The case was one of the first lawsuits filed by the EEOC alleging that a private employer violated Title VII by treating an employee differently because of their sexual orientation. In EEOC v....

Kollman & Saucier

06/23/2016

Race Discrimination

Most airline companies require their employees to do a final “walk around” the plane to assure everything is in order and doors are closed. Maahnchooh Ghogomu worked for Delta Airlines Global Services at the Tulsa International Airport until he forgot to do a final walk around Delta Flight 5188 and left the fuel-door panel open, which resulted in damages to the plane upon landing. Mr. Ghogomu accused Delta of racial discrimination with his...

Kollman & Saucier

06/23/2016

Public Sector Employment Law, Virginia Employment Law, Wage & Hour

In a case with potentially far-reaching implications for fire departments in Virginia, Maryland, the Carolinas, and West Virginia, the United States Court of Appeals for the Fourth Circuit ruled that Fairfax County, Virginia fire captains are non-exempt employees entitled to overtime compensation. Morrison v. County of Fairfax, No. 14-2308 (June 21, 2016). The Court reversed a grant of summary judgment in favor of the County and granted summary...

Kollman & Saucier

06/08/2016

Agency Activity, National Origin

The U.S. Equal Employment Opportunity Commission (EEOC) has released a Proposed Enforcement Guidance on National Origin Discrimination under Title VII of the Civil Rights Act of 1964. The EEOC will take public comments on the proposed guidance until July 1, 2016. The EEOC has not formally addressed national origin discrimination since 2002. Since that time, claims of Title VII violations based on national origin have increased. In 2015,...

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NLRB Issues Guidance on New Federal Contractor Reporting Obligations

Court Finds Supervisor's Harassing Behavior To Be Outside the Baselines

Colorado Truck Driver Fails to Climb ADA Proof Hurdle

EEO Department Head’s Conduct Went Beyond His Job Duties, Was Protected Activity

This One’s For The Dogs

Court Strikes Down DOL's New Persuader Rule

EEOC Settles One of its First Sexual Orientation Lawsuits

Delta Worker's Race Discrimination Claim Grounded by Appeals Court

Fourth Circuit Finds Fire Captains Eligible for Overtime

EEOC Issues Proposed Guidance On National Origin Discrimination

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