February 2017 E-Update


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Universal Schedule Change Was Not Unlawful FMLA Interference

An employer’s decision to implement a universal rotating shift schedule while an employee was out on Family and Medical Leave Act Leave did not constitute unlawful interference with the employee’s FMLA rights, even though the employee was the one…Read More

Facts of the Case:  In Quigley v. Meritus Health, Inc., the plaintiff was assigned to a permanent night shift schedule, while her co-workers rotated through day shifts, evening shifts and the night shifts that the plaintiff did not work. Following an incident…Read More

The Court’s Decision. The Maryland federal court held that the right to restoration is not absolute – that, under the FMLA regulations, the employee “has no greater right to reinstatement … than if the employee had been continuously employed during the…Read More

Lessons Learned. This case highlights the fact that employers may continue to make legitimate business decisions regarding its operations, even if the decisions adversely affect an employee on FMLA leave. Of course, the decision may not be made for the…Read More

Federal Contractors Required to Provide Privacy Training

A new final rule requires federal contractors and subcontractors with contracts involving personally identifiable information (PII) or any “system of records” (that allows for retrieval of information by an individual’s name or other personally identifiable…Read More


Unlawful Interrogations Under the National Labor Relations Act. A recent case reminds employers of the importance of complying with the strict requirements regarding employee interviews in the context of defending against an unfair labor…Read More

Employee Requesting Religious Accommodation Must Still Follow Leave Policy. Employees eligible for leave as a religious accommodation are still required to comply with company policies governing leave requests, the U.S. Court of Appeals for the Fourth Circuit (which covers Md., Va., W.Va., N.C. and S.C.) recently held…Read More

Individual Managers May Be Liable Under Section 1981. Individual managers should be aware that they may be held personally liable for race discrimination under Section 1981, as a recent case illustrates…Read More

Employer Avoided Liability by Prompt Response to Harassment Complaint. Although the U.S. Court of Appeals for the Seventh Circuit confirmed that racially offensive conduct by co-workers does not need to be targeted at a specific employee in order to create a hostile work environment under Title VII, the Court…Read More

Updated Disability Self-Identification Form for Federal Contractors.  The Office of Management and Budget has released an updated version of the “Voluntary Self-Identification of Disability” form that federal contractors and sub-contractors are required to use for applicants and employees…Read More

EEOC Increases Posting Penalties. The penalty for violations of the notice posting requirements under Title VII, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act is again increasing – from $525 to $534…Read More

Shifting Explanations Support Discrimination Claim. A Maryland federal case emphasizes the need for employers to be thorough and honest in offering reasons for an employee’s termination…Read More


Webinar. The Employment Law Alliance, of which Shawe Rosenthal is the Maryland representative, is presenting a free 60-minute webinar Social Media and the New Workplace: Is Your Brand and Reputation Protected?” on March 8th…Read More

Victory. Elizabeth Torphy-Donzella won summary judgment in federal court on behalf of a bank against a manager who claimed that his termination was based on his race…Read More

Victory. Darryl G. McCallum won summary judgment in federal court for a skilled nursing center in a case involving claims of national origin discrimination brought by…Read More

ArticleElizabeth Torphy-Donzella and Lindsey White authored an article, “Handling EEOC Systemic and Individual Discrimination Investigations and Litigation,” for Lexis Practice Advisor,…Read More


TOP TIP: Employer’s Obligation to Seek More Information Regarding FMLA Request

Employers should be careful about automatically denying a request for leave to care for a family member under the Family and Medical Leave Act because the family member in…Read More



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