June 2018 E-Update


Click here to view entire E-Update as a PDFRECENT DEVELOPMENTS

Maryland Federal Court Permits Sexual Orientation Discrimination Claim Under Title VII

Acknowledging that neither the Supreme Court nor the U.S. Court of Appeals for the Fourth Circuit have yet ruled on the question of whether Title VII’s prohibition on discrimination based on sex includes sexual orientation, a Maryland federal court has found that it does. For more, click here.

Recent Court Rulings Highlight the Importance of Prompt and Proportionate Response to Harassment Complaints

We often counsel our clients on the need to respond promptly and effectively to employee complaints of harassment, and two recent federal appellate court rulings confirm the importance of doing so.For more, click here.

Another Month, Another Slew of NLRB Advice Memos

The National Labor Relations Board’s Office of the General Counsel (OGC) has continued to release Advice Memoranda, following up on what we reported in our February 2018, March 2018 and May 2018 E-Updates. Six more memos were issued on June 14, 2018. For more, click here.


Supreme Court Disapproves ALJ Appointments

In a surprising decision, Lucia v. SEC, the Supreme Court held that the system used to appoint administrative law judges (ALJs) throughout the federal government violates the U.S. Constitution. For more, click here.

D.C. Voters Approve Minimum Wage Increase to $15

On June 19, 2018, D.C. voters approved Initiative 77, by which the minimum wage, currently $12.50, will increase to $15 per hour by 2020, and thereafter will increase in proportion to the Consumer Price Index. For more, click here.

Under FMLA, Employee Must Respond to Request for Additional Information

The U.S. Court of Appeals for the Tenth Circuit reiterated the need for employees to provide information required by the employer under the Family and Medical Leave Act. For more, click here.

Employee May Not Dictate ADA Accommodation to Be Provided

An employee cannot insist on a specific accommodation, particularly when other reasonable accommodations have been offered as part of the interactive discussion required under the American with Disabilities Act.  For more, click here.

Employer May Require Medical Information or Examination Based on Safety Concerns

The U.S. Court of Appeals for the Sixth Circuit held that an employer was entitled to require an employee to submit information from his doctor based upon legitimate safety concerns. For more, click here.

Forcing Workers to Pay Full Union Dues Violated the NLRA

The U.S. Court of Appeals for the D.C. Circuit held that a union’s demand for payment of full union dues from employees who had chosen a more limited union membership violated those employees’ rights under the National Labor Relations Act.For more, click here.


TOP TIP: Employers Should Ensure They Are a Party to the Arbitration Agreement They Want to Enforce (Of Course)

Several recent cases highlight the need for employers to take some basic steps to make sure they are actually a party to any arbitration agreement with an employee, and that the agreement is actually finalized. For more, click here.