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Appellate Court Rejects Use of Title II of the ADA to Sue for Discrimination In Public Employment

Kollman & Saucier
Kollman & Saucier
11/21/2013
Disability & Leave, Public Sector Employment Law
As regular readers of The Employment Brief are aware, the Americans with Disabilities Act (ADA) provides the basis for many lawsuits filed by current and former employees.  In the employment law arena, plaintiffs usually rely upon Title I of the ADA, which specifically prohibits employment discrimination based on a persons’ disability.  42 U.S.C. 12112(a). Government employees, however, sometimes rely upon Title II of the ADA when filing suit...
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Court Upholds Discipline of Police Officer for Facebook Posts

Kollman & Saucier
Kollman & Saucier
10/24/2013
Public Sector Employment Law, Social Media
Over the past two years, there has  been a lot of focus on whether and when an employer may discipline employees for posts they make on blogs and social media sites.  Perhaps most notably, the National Labor Relations Board  ("NLRB") has issued guidance and decisions holding that employees have the right to complain about terms and conditions of employment on sites such as Facebook. In light of this recent trend, it was refreshing to see a recent...
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Law School Has Right To Decide The Qualifications It Wants In Its Professors

Kollman & Saucier
Kollman & Saucier
07/02/2013
Age Discrimination, Employment Discrimination, Public Sector Employment Law
Earlier this year, the Court of Specials Appeals found in favor of the University of Baltimore School of Law (UB) in an age discrimination suit brought by Donald Dobkin.  Dobkin v. Univ. of Balt. Sch. of Law, 210 Md. App. 580 (2013). In 2009, Dobkin applied to become a professor at the University.  Instead of hiring the then 56-year-old Dobkin (or hundreds of other applicants), UB hired a 32-year-old female for the position.  Dobkin then sued the...
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Unions, Gangs and Prison Scandals

Kollman & Saucier
Kollman & Saucier
05/07/2013
Labor Law, Legislative Developments, Public Sector Employment Law, Union Activity
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...
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Supreme Court To Decide Age Discrimination Claims For Government Employees

Kollman & Saucier
Kollman & Saucier
03/20/2013
Age Discrimination, Public Sector Employment Law
This past Monday, March 18, 2013, the Supreme Court granted certiorari in Madigan v. Levin, an Age Discrimination in Employment Act (ADEA) case from the Seventh Circuit.  In Madigan, the issue  is whether state and local government employees can bring age discrimination claims directly under the Equal Protection Clause through Section 1983. The Seventh Circuit’s opinion conflicts with that of the First, Fourth, Ninth and Tenth Circuits, each of...
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Maryland Court Dismisses ADAAA Claim Brought By Cop Who Can’t Run Fast

Kollman & Saucier
Kollman & Saucier
02/11/2013
Disability & Leave, Litigation, Public Sector Employment Law
A federal court in Maryland dismissed a disability discrimination lawsuit filed by a police officer trainee who needed more than 17 minutes to run a mile and a half. LaPier v. Prince Georges County, No. 8:10-cv-02851 (2/7/13).  Rejecting the officer’s requests for a permanent light duty assignment or modification of the police department’s fitness standards, the Court held  that it was not unreasonable to require police officers to be able to...
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Court Rules Baltimore County Pension Plan Discriminates Based on Age

Kollman & Saucier
Kollman & Saucier
10/26/2012
Employee Benefits, Employment Discrimination, Public Sector Employment Law
A federal district court has ruled that Baltimore County violated the Age Discrimination in Employment Act (“ADEA”) when it required older employees to contribute more to their pension than younger employees.  EEOC v. Baltimore County, D. Md. No. 07-2500 (10/17/12). The decision, which will most likely be appealed by the County, is the latest ruling in a multi-year lawsuit which has already been before the United States Court of Appeals for the...
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What Did You Learn in School Today Johnny? Oh, That’s Right, There’s No School...

Darrell VanDeusen
Darrell VanDeusen
09/12/2012
Labor Law, Public Sector Employment Law
So, school is out for children in the Chicago Public Schools (CPS) - the nation’s third largest school district - and it looks like it will be for the foreseeable future. The Chicago Teachers Union continues to strike and has stated that, despite the offer of a huge 16% pay increase over four years, the parties are far apart in reaching a contract. It has been 25 years since there was a teacher strike in Chicago. Even more interesting, the union...
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Title VII is Not Exclusive Remedy for Discrimination Claims by Public Employees

Kollman & Saucier
Kollman & Saucier
07/27/2012
Employment Discrimination, Public Sector Employment Law, Sexual Harassment
By Eric Paltell  Unlike private sector employees, persons employed by state and local governments have workplace rights conferred upon them by the United States Constitution. A recent court decision from the United States Court of Appeals for the Eighth Circuit held that these Constitutional rights allow public sector employees to pursue discrimination claims even if they have not filed claims under Title VII of the Civil Rights Act of 1964. Henley...
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