Employment Discrimination Archives - Kollman & Saucier P.A.

Out of Sight, Out of Mind… Bye Bye?

Darrell VanDeusen

02/21/2024

Disparate Impact, Employment Discrimination, Uncategorized

I struggled a bit with an appropriate song reference for this blog. I’m going with “So Far Away,” written by Carole King and track 2 on Tapestry (1971). In the post-pandemic world there’s been a seismic shift in the world of where you work. Remote, hybrid, full-time in office… it’s all over the map (pun intended). As employers try to navigate this new work world order, it’s important to consider what can and cannot be...

Darrell VanDeusen

02/19/2024

Damages, Employment Discrimination

That’s a line from the Eagles’ “Get over it” (track 1 on the 1994 album Hell Freezes Over). If you watch any TV courtroom drama – you would think that lawyers take a case and wind up having the jury verdict in less than one hour (with time outs for ads). And justice always prevails. Of course, reality is far from that imaginary world. In the real world everyone is entitled to their decade in court. In the employment discrimination...

Vincent Jackson

02/10/2024

Employment Discrimination, Reasonable Accommodations/Undue Burden, Religious Discrimination

A recent decision from the Second Circuit Court of Appeals overturned a trial court’s dismissal of a religious discrimination claim brought by a female prison employee who was forced to remove a hijab. The Plaintiff was a corrections officer who was a practicing Muslim, and who requested to wear a hijab at work. This was in accordance with Plaintiff’s religious obligation to wear a hijab in the presence of men outside of her family. The...

Vincent Jackson

02/09/2024

Employment Discrimination, Sex Discrimination

Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...

Mathew Moldawer

01/25/2024

ADA, Age Discrimination, Employment Discrimination, Hiring Process

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.” Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...

Kollman & Saucier

01/23/2024

Employment Discrimination, Labor Law, NLRB

Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...

Kollman & Saucier

01/22/2024

Employment Discrimination, First Amendment Protections, Hostile Work Environment, Race Discrimination, Retaliation

Diversity, equity, and inclusion (DEI) initiatives have grown more prevalent in recent years (yes, this is stating the obvious). These efforts have their detractors. A Google search of DEI will reveal sample DEI initiatives, anti-racism trainings, and the efforts some have taken to criticize and stop such efforts. Penn State University’s Abington campus, for example, is being sued by a former faculty member who alleges that he was subjected...

Darrell VanDeusen

01/04/2024

ADA, Employment Discrimination, Reasonable Accommodations/Undue Burden

I was told by someone smarter than me (my wife, who’s a long time ago fully recovered lawyer) that my last blog had a bit too much law in it. So, I am cutting back on the citations. This blog focuses on a Fourth Circuit decision issued this week that merges the Americans with Disabilities Act (ADA) with the political climate that emerged over the last ten years. Kelly v. Town of Abingdon, __ F.4th __, 2024 U.S. App. LEXIS 14 (4th Cir. Jan. 2,...

Darrell VanDeusen

01/02/2024

Employment Discrimination, Race Discrimination

“The Way it Is” by Bruce Hornsby and the Range (track 5 on their 1986 album of the same name) is one of my favorite songs in the “poignant” genre. If you don’t know the song, take a listen. Heck, take a listen again even if you do know it. “The Way it Is” is a song about compassion. The last verse goes: “Well, they passed a law in ‘64 To give those who ain’t got a little more But it only goes so far Because the law...

Vincent Jackson

12/29/2023

Employment Discrimination, Hostile Work Environment, Race Discrimination, Retaliation

A recent case from the Second Circuit presented an interesting fact pattern for law enforcement employers facing claims of discrimination by stereotype. In Hanks v. City of Syracuse, a black police officer who was denied an assignment to a prestigious gun violence task force brought suit for race discrimination under Title VII, hostile work environment, and retaliation. The District Court dismissed the case for failure to state a claim, which the...

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Out of Sight, Out of Mind… Bye Bye?

“You might feel better if they gave you some cash…”

Second Circuit Revives Religious Discrimination Claim Of Prison Employee Forced To Remove Hijab

Mandalorian Actress Files Suit Against Disney For Wrongful Termination

Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Big Changes on the Horizon for College Sports?

Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

Seeking Workplace Culture Change Not an Accommodation Request

Is Reverse Discrimination Different?

Second Circuit Affirms Dismissal of Police Officer’s Title VII Lawsuit

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Category: Employment Discrimination

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