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

Prompt Investigation Helps Employer Avoid Liability On Harassment Claim

Kollman & Saucier

10/30/2015

Employment Discrimination, Hostile Work Environment, Sexual Harassment

In a recent decision from a Mississippi federal court, Nissan avoided liability on a former employee’s sexual harassment claim because she could not show that her employer acted negligently in responding to her complaints. Davenport v. Nissan N. Am., Inc., No. 3:14-CV-00671-CWR-LRA (S.D. Miss. Oct. 22, 2015). From August 2012 until January 2014, Joslyne Davenport worked as a production associate at a Nissan manufacturing plant in Canton,...

Kollman & Saucier

10/28/2015

Employment Discrimination, Hostile Work Environment, National Origin, Religious Discrimination

Reversing a decision it described as “replete with error,” the Seventh Circuit Court of Appeals has revived an employee’s claims of retaliation, and religion- and national origin-based hostile work environment. Huri v. Office of the Chief Judge of the Circuit Cir. Ct. of Cook Cnty., No. 12-2217 (7th Cir. Oct. 21, 2015). Fozyia Huri, a Muslim from Saudi Arabia, began working for the Circuit Court of Cook County, Illinois in 2000. Huri...

Clifford Geiger

10/23/2015

Agency Activity, Employment Discrimination, Sex Discrimination, Sexual Orientation

David Baldwin, a Supervisory Air Traffic Control Specialist at Miami International Airport, filed a federal lawsuit because he was denied a promotion to a permanent position as a Front Line Manager. The lawsuit filed under Title VII alleges that Baldwin was discriminated against because of his sexual orientation. While many state laws explicitly provide that sexual orientation cannot be the basis of an employment action, Title VII does not...

Clifford Geiger

10/22/2015

Labor Law

The Second Circuit recently affirmed a National Labor Relations Board (Board) decision that Triple Play Sports Bar and Grille illegally fired two employees for Facebook posts about their employer’s handling of payroll tax withholding. Three D, LLC v. NLRB, 2d Cir., No. 14-3284, 10/21/15. In a Facebook status update a former employee posted “[m]aybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the...

Kollman & Saucier

10/16/2015

Age Discrimination, Direct Evidence, Employer Liability

Kellogg USA finds itself facing a jury trial. In McCartt v. Kellogg USA, Inc., No. 5:14-318-DCR (E.D. Ky. Oct. 14, 2015), a former sales representative, James McCartt, was over age 60 when he was fired in a corporate downsizing. He sued for age discrimination because his manager, Kevin Grzanka, had made an age based comment about his performance. His unwise manager had said that Mr. McCartt was "too old and set in his ways" and that Kellogg and...

Kollman & Saucier

10/14/2015

Legislative Developments, Paid Leave, State Law

Last week, Eric Paltell posted on this very same legislation. I promise I do read the posts on our own blog, but clearly "forgot" for a minute when I posted this entry yesterday. While there is some duplication, our presentations come from a different angle. So I leave this up for your reading pleasure, openly acknowledging the "already done that" aspect of the base topic. The D.C. Council has pending before it one of the most generous paid...

Kollman & Saucier

10/08/2015

Labor Law, Legislative Developments

In the past several weeks, Democratic leaders in Washington have proposed a a series of dramatic changes to federal labor laws intended to make it easier for labor unions to organize workers. On September 16, 2015, Senator Patty Murray (Wa.) and Representative Bobby Scott (Va.) introduced the "Workplace Action for a Growing Economy" (WAGE) Act (H.R. 4514; S.2042). The legislation would amend the National Labor Relations Act to allow workers to...

Kollman & Saucier

10/06/2015

Business Law

According to an article in today's Washington Post, the District of Columbia Council is considering legislation that would provide every full-time and part-time employee in the District with 16 weeks of paid family and medical leave. If passed by the Council, the law would be by far the most generous family leave law in the country. Under the proposed legislation, an employee making up to $52,000 a year would get 100% of their pay for 16 weeks...

Kollman & Saucier

10/02/2015

Supreme Court Decisions

When the Supreme Court begins its 2015-16 Term on October 5, 2015, it will have nine different employment cases to consider. In Heffeman v. City of Paterson, No. 14-1280, the Court will consider a police officer's claim that his supervisors violated his First Amendment rights by demoting him because of his perceived political preferences. In MNH Gov't Services Inc. v. Zaborowski, No. 14-1458, the Court will decide whether a California state court...

Kollman & Saucier

09/29/2015

Disability & Leave, Reasonable Accommodations/Undue Burden

This past weekend, I became a proud first-time father of a beautiful baby girl! Among the many helpful and prescient pieces of advice my wife Mikah and I received from others during her pregnancy were variations on the theme of, “Get sleep while you can.” Words of wisdom, indeed. Recently, however, a college professor argued that his difficulty in getting a restful night’s sleep was not only an inconvenience but one that rendered him disabled...

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Prompt Investigation Helps Employer Avoid Liability On Harassment Claim

Name Calling, Prayer Circle, and Social Shunning Help Revive Discrimination Claims

Sexual Orientation Discrimination Covered By Title VII?

Employee Facebook Activity Not Disloyal Enough To Be Grounds For Valid Discharge

Are You Ever "Too Old" For Cereal? Kellogg's Thinks So. And Got In Trouble.

The Most Generous Paid Leave Act Is Pending Before The District of Columbia Council

Democrats Propose Major Overhaul of Federal Labor Laws

D.C. Council Considering New Law Requiring 16 Weeks of Paid Family Leave

Nine Employment Cases Appear On The Supreme Court's 2015-16 Docket

Court Puts "Difficulty Sleeping" Disability Claim to Rest

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