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

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

Kollman & Saucier

07/07/2016

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,...

Kollman & Saucier

06/08/2016

Employment Discrimination, Joint Employer, Legislative Developments, Sex Discrimination, State Law

On May 19, Governor Hogan signed into law the Equal Pay for Equal Work Act of 2016. The law, which takes effect on October 1, 2016, amends the state’s existing wage discrimination law in several significant ways. Changes that Protect Employees There are several notable changes in the amendment that give broader protections to employees, including: Prohibiting pay discrimination because of gender identity. LGBT employees are now explicitly...

Kollman & Saucier

06/02/2016

Arbitration, Class Actions, Labor Law

In a surprising decision for atypically business-friendly appellate court, the United States Court of Appeals for the Seventh Circuit has sided with the National Labor Relations Board’s position that a mandatory agreement requiring employees to waive the right to bring a class or collective action in arbitration violates the National Labor Relations Act (NLRA). Lewis v. Epic Systems Corporation, No. 15-2997 (7th Cir. May 26, 2016). Epic...

Kollman & Saucier

06/01/2016

Agency Activity, Employment Discrimination

The United States Supreme Court unanimously ruled that the EEOC may be ordered to pay an employer’s attorney’s fees if it fails to satisfy the conciliation requirement of Title VII. In CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (May 19, 2016), the Court held that a favorable ruling on the merits of a claim is not required for an employer to be considered a “prevailing party” that may seek legal fees. The opinion expands Mach Mining v....

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Email Updates

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

Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

Seventh Circuit Sides with NLRB on Arbitration Agreements, Creates Circuit Split

Inadequate Conciliation? EEOC May Have to Foot the Bill, Says Supreme Court

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