February 2017 E-Update

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 most impacted by […]

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 question is apparently not a spouse, parent or child, as a recent case emphasizes. The FMLA permits an employee to take […]

Elizabeth Torphy-Donzella and Lindsey White authored an article, “Handling EEOC Systemic and Individual Discrimination Investigations and Litigation,” for Lexis Practice Advisor, which provides practical labor and employment guidance from leading practitioners.

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 several former employees. Reflecting the complex nature of this multi-plaintiff litigation, the grounds for the Court’s dismissal of the claims were many and varied.

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 and sex. Liz was able to establish that the manager had been properly terminated for engaging in a verbal altercation with one of his subordinates […]

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. Local times are listed here: 1:00pm – 3:00pm EST, 12:00pm – 1:00pm CST, 11:00am – 12:00pm MST, 10:00am – 11:00am PST, 8:00am – […]

A Maryland federal case emphasizes the need for employers to be thorough and honest in offering reasons for an employee’s termination. In Saah v. Carroll L. Thumel et al., a veterinary assistant sued for pregnancy discrimination. The defendants asked the court to throw out the case, but the court found that […]

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. As we previously reported in our June 2016 E-Update, Title VII, ADA and GINA each require employers to post a […]

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. Federal (sub)contractors must invite applicants to self-identify as an individual with a disability both prior to making a job offer and after a job offer […]

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 nonetheless found that the employer was not liable for such […]