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The (New) Story of the Mad Hatter

Darrell VanDeusen
Darrell VanDeusen
07/10/2023
Employment Discrimination, Public Sector Employment Law
“If I had a world of my own, everything would be nonsense.  Nothing would be what it is, because everything would be what it isn’t.  And contrary wise, what is, it wouldn’t be.” The Mad Hatter, Alice’s Adventures in Wonderland (Lewis Carroll, 1865) When I explain the disparate treatment theory in employment discrimination cases, I make the point that the analysis must look at the way people of different protected...
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DO MINIMUM HOURS OF WORK EQUAL WAGES?

Peter Saucier
Peter Saucier
02/17/2023
Public Sector Employment Law
Public school budgets are intricate, often byzantine, documents.  Governing bodies of educational institutions are charged by law to budget salaries and compensation for all employees.  When employees are represented by a collective bargaining representative a negotiated agreement about wages can be calculated and factored into the budget equation. Employers can handle that with relative dispatch.  Many public sector employers enter into...
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Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

Kollman & Saucier
Kollman & Saucier
06/03/2022
Public Sector Employment Law, Race Discrimination, Virginia Employment Law
The United States Court of Appeals for the Fourth Circuit recently denied an Alexandria, Virginia firefighter's claim that he was denied a promotion to a paramedic position because he is Black.  Lyons v. City of Alexandria, No. 20-1656 (4th Cir. 6/1/22). The Court affirmed a grant of summary judgment to the City of Alexandria, finding that the Appellant had misunderstood the City's promotion policy and failed to present any evidence of racial...
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New York State Trial Court Denies Union’s Request for Preliminary Injunction to Restore Unvaccinated Employees

Kollman & Saucier
Kollman & Saucier
05/18/2022
COVID-19, Public Sector Employment Law
On April 21, 2022, New York Judge Judy H. Kim denied a request for a preliminary injunction filed by various unions on behalf of approximately 1,300 unvaccinated New York City (NY City) employees who were terminated from their positions on February 11, 2022.  The Plaintiffs in this case seek declaratory relief from the court, claiming their termination was in violation of their due process rights as well as a permanent injunction to require the...
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Court Allows Topless Teacher's Discrimination Claim to Proceed

Vincent Jackson
Vincent Jackson
02/12/2022
Public Sector Employment Law, Sex Discrimination
A New York Court recently addressed a novel question: whether a female teacher who was fired after a semi-nude picture of her became available to her employer could assert a viable equal protection clause against the school district.  The plaintiff was a probationary middle school teacher in a public school.  She was terminated after the school district came into possession of a semi-nude picture of her.  The picture in question was a...
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Eric Paltell Presents on Collective Bargaining at Virginia Association of Counties Meeting

Kollman & Saucier
Kollman & Saucier
12/09/2021
Labor Law, Public Sector Employment Law, Virginia Employment Law
On May 1, 2021, Virginia's new law permitting local governments to enact collective bargaining legislation for employees took effect. On November 15, 2021,  K&S Partner Eric Paltell joined Virginia Senator Jennifer Boysko, Loudoun County Administrator Tim Hemstreet, and attorney Cynthia Hudson on a panel discussing the new law at the Virginia Association of Counties Annual Meeting in Norfolk.  Eric's presentation focused on steps...
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Fourth Circuit Rules Termination of Public Employee For Disclosing Confidential Information Not Retaliatory Discharge

Kollman & Saucier
Kollman & Saucier
06/02/2021
Public Sector Employment Law, Retaliation
In a recent case involving termination of a public employee who disclosed confidential information about an ongoing investigation, the Fourth Circuit held that the employee’s termination was not retaliatory-discharge for the employee’s exercise of his First Amendment rights.  Billioni v. Bryant, No. 20-1420 (4th Cir. 5/25/21). Billioni worked for the York County Sheriff’s Office.  His wife worked for a local news station.  Following the...
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First Amendment Protections Mean Officer’s Claim Proceeds

Darrell VanDeusen
Darrell VanDeusen
01/13/2021
Public Sector Employment Law
That pesky old First Amendment “freedom of speech thing” has been in the news a lot lately.  The issue of whether a public employee’s speech is protected has Supreme Court underpinnings. In Pickering v. Bd. of Ed. of Twp. High Sch. Dist., 391 U.S. 563 (1968) the Court created a balancing test that looks to whether an employee (1) spoke on a matter of public concern; (2) spoke as a private citizen rather than a public employee; and (3)...
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Virginia General Assembly Passes Bill Authorizing Public Sector Collective Bargaining

Kollman & Saucier
Kollman & Saucier
03/09/2020
Legislative Developments, Public Sector Employment Law, Virginia Employment Law
As the 2020 Session came to a close this weekend, the Virginia General Assembly passed legislation authorizing  local governments to enact laws giving their employees the right to collectively bargain.  If, as expected, it is signed by Governor Northam, employees of Virginia counties, cities, towns and school boards will gain the opportunity to require their employing government to hold a vote on whether or not to enact collective bargaining...
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State Of Maryland Cannot Be Sued In Federal Court For State Law Discrimination Claims

Kollman & Saucier
Kollman & Saucier
06/14/2019
Public Sector Employment Law, Sovereign Immunity, State Law
The Fourth Circuit Court of Appeals concluded that Maryland's employment discrimination statute (FEPA), Md. Code Ann., St. Gov't § 20-601 et seq., does not waive the State's immunity to be sued in federal court under that law for alleged employment discrimination, harassment and/or retaliation.  In Pense v. Maryland Dept' of Public Safety and Correctional Services, No. 18-1554 (4th Cir. June 11, 2019), the appellate court concluded that the State...
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