EEOC Sues Freight Company For ADA Violation

Service and emotional support animals are commonly seen in many public places, ranging from stores to restaurants to airports. They are becoming more prevalent in the work place as well. Recently, the U.S. Equal Employment Opportunity Commission filed suit in the U.S. District Court for the Middle District of Florida against trucking company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran with Post Traumatic Stress Disorder. The EEOC alleges that the employer violated the Americans with Disabilities Act (ADA) by refusing to hire the veteran—despite successful completion of the initial training program—because he uses an
Read More

7th Circuit Holds That Title VII Protects LGBTQ From Discrimination Based on Sexual Orientation

U.S. Court of Appeals for the Seventh Circuit which covers federal courts in Illinois, Indiana and Wisconsin, recently held in Lively v. Ivy Tech Community College of Indiana that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation.  The Court in Hively reasoned that sexual orientation discrimination is essentially indistinguishable from sex discrimination because the former relies on stereotyped concepts about how men and women should behave sexually and about with whom they should associate in their intimate lives. The plaintiff, Kimberly Hively, is an openly gay professor who alleged that her
Read More

The Fourth Circuit Provides a New Test for Joint Employment under the FLSA

The Fourth Circuit recently provided clarity to extant joint employer liability under the Fair Labor Standards Act (“FLSA”).  Salinas v. Commercial Interiors, Inc., 848 F.3d 125, 141–42 (4th Cir. 2017). The plaintiffs in the matter, former drywall employees for a subcontractor, brought FLSA, Maryland Wage and Hour, Maryland Wage Payment, and Collection claims against the subcontractor, its owners, and the general contractor.  In determining whether the plaintiffs were jointly employed by the subcontractor, its owners, and the general contractor, the District Court for the District of Maryland applied a “novel multifactor test.”  Ultimately, the test focused the court’s analysis on
Read More

President Trump Keeps 2014 Executive Order

President Trump recently announced that he would leave in place a 2014 executive order expanding protections for federal workers and government contractors for discrimination based on sexual orientation.  The 2014 executive order was in line with the EEOC’s recent position that an allegation of sexual orientation discrimination is necessarily an allegation of sex discrimination under Title VII.   However, despite the EEOC’s position and all of the judicial victories on behalf of LGBTQ causes in recent years, it is explicitly the law of the Fourth Circuit, which includes Maryland and Virginia, that Title VII does not protect against discrimination based on
Read More

3 Things to Consider When Creating a Will

Although it’s a difficult topic to think about, it can be very important to create a will to protect assets upon an untimely death. If one dies without establishing a will, then the state will decide what happens to the person’s property. The state will decide how assets will be divided, and which ones will be sold. The judge will appoint an administrator to oversee the entire process. This person will most likely be a stranger, and therefore will not have any vested interests in protecting families. Although this process seems straightforward, probate cases can last for years, and the
Read More