Twenty-Fifth Anniversary

Frank Kollman
Frank Kollman
05/10/2013
On May 2, 1988, Pete Rose was suspended 30 days for pushing an ump, the Orioles signed a 15-year lease to stay in Baltimore, and I put up a handwritten sign on the 8th Floor of the Sun Life Building to announce that K&S was open for business.  My partner joined me six days later, and with one computer, one printer, telephones (no mobile phones yet) and temporary office space (we moved to the 9th Floor several weeks later), we started a new law...
read more

NLRB Notice Rule Struck Down

Eric Paltell
Eric Paltell
05/09/2013
On May, 7, 2013,  the United States Court of Appeals for the D.C. Circuit held  that the National Labor Relations Board lacked the authority to issue a  2011 rule which would have required all employers covered by the National Labor Relations Act (“NLRA”) to  post a workplace notice to employees.  The decision, National Association of Manufacturers v. NLRB, drove yet another stake in the heart of the Obama NLRB’s activist agenda. As...
read more

20-Day Window Too Short A Time To File Internal Complaint Of Discrimination

Garrett Wozniak
Garrett Wozniak
05/08/2013
Quality Restaurant Concepts, LLC (perhaps better known as Applebee’s), maintains an internal dispute resolution (IDR) process and an Employment Arbitration Policy.  The company’s arbitration policy covers Title VII claims, and the IDR policy set a 20-day deadline for employees to pursue claims of discrimination.  Under the arbitration policy, Applebee’s employees are required to complete the IDR process before participating in arbitration. ...
read more

Unions, Gangs and Prison Scandals

Over the past two weeks, we have heard a lot about the scandal at the Baltimore City Detention Center, where guards allegedly conspired with members of a notorious prison gang to traffic drugs, cell phones, and sexual favors. In case you missed this, the leader of the gang (the  Black Guerilla Family) fathered five children with four female prison guards and was heard telling an acquaintance in a wiretapped call “This is my jail …. I make every...
read more

Maryland Judge Dismisses Discrimination and Retaliation Claims

Eric Paltell
Eric Paltell
05/06/2013
On May 1, 2013, Maryland’s newest federal judge, George Levi Russell, III, dismissed a lawsuit filed by a former employee of a kidney dialysis clinic near Baltimore.  In Ezeh v. Bio-Med. Applications of Md., No. 11-3411 (D. Md. 2013), Judge Russell granted summary judgment to the employer and dismissed plaintiff’s claims of retaliation and race and national origin discrimination. The plaintiff, Perpetua Ezeh, is of Nigerian descent and worked...
read more

Sick Pay Law Reintroduced

Randi Klein Hyatt
Randi Klein Hyatt
04/16/2013
Citing the lack of paid sick days for workers, and the associated costs of sick workers showing up for work, Senator Tom Harkin (D–Iowa) and Representative Rosa DeLauro (D–Connecticut) on March 20, 2013 reintroduced the Healthy Families Act (Sen. 631 and H.R. 1286).   The bill would allow workers to accumulate up to 56 hours of paid sick time to be used when they or family members were ill.  The bill was first introduced in 2004. Affecting...
read more

Stray Remark Overturns Summary Judgment in D.C. Circuit

Randi Klein Hyatt
Randi Klein Hyatt
04/15/2013
Generally speaking, in order to state a claim for a hostile work environment claim, the employee must demonstrate conduct that creates an “objective hostile or abuse work environment.”  Ordinarily, this requires demonstrating that the workplace is “permeated with discriminatory intimidations, ridicule and insults” to the point that it is so severe and pervasive to alter the conditions of the victim’s employment.  Isolated racial...
read more

No Employer Liability For Sexual Harassment If Employee Doesn’t Complain About Sex-Based Conduct

A federal appeals court recently held that an employer was not liable for sexual harassment to an employee who complained only about harassment, not sex-based harassment.  Medina-Rivera v. MVM Inc., No. 11-2419 (1st Cir. April 10, 2013). In 2008, Estrella Medina-Rivera worked as a part-time detention officer for MVM, Inc., a security company in Puerto Rico.  In October 2008, Medina complained to her supervisor that an unnamed federal agent with...
read more

Employer’s Consistent Explanation for Discharging Employee Defeats Discrimination Claims

In Anderson v. Discovery Communications, 8:08-cv-02424, 2013 WL 1364345 (4th Cir. Apr. 5, 2013), the Fourth Circuit affirmed a decision from the United States District Court for the District of Maryland granting summary judgment to Discovery and a cadre of individual defendants on claims under the Americans with Disabilities Act (ADA), Montgomery County Human Rights Act (MCHRA), and Family and Medical Leave Act (FMLA). Though unremarkable in and of...
read more

Partial Deafness Not A Disability Under The ADAAA

Randi Klein Hyatt
Randi Klein Hyatt
04/10/2013
A Pennsylvania newspaper soundly defeated a partially deaf former employee’s claims of gender and disability discrimination in federal court.  Mengel v. Reading Eagle Co., No. 11-6151, (E.D. Pa. Mar. 28, 2013) Christine Mengel had worked at Reading Eagle Company since 1999 as a copy editor and page designer, receiving satisfactory performance evaluations between 2001 and 2008.  In 2007, Mengel became completely deaf in her left ear and developed...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.