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The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.

Employment Law

D.C. Bans Hiring Discrimination Against Unemployed

On March 6, 2012, the District of Columbia passed the Unemployment Antidiscrimination Act of 2012 (“UAA”), making it illegal for an employer or employment agency to discriminate based on a potential employee’s status as unemployed. Specifically, no employer or employment agency may:

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Employment Law

NLRB Social Media Stance & Facebook Passwords Focus

As companies across the country struggle to create or update social media policies, the NLRB may soon provide more clarity on the content of acceptable policies. At a seminar on March 24th, National Labor Relations Board (NLRB) General Counsel Lafe Solomon indicated that an NLRB ruling would be coming out in the next couple of weeks containing guidance on what should and should not be in a company’s social media policy.

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Employment Law

Maryland High Court Dodges Employment Law Bullet

This post is about a case we simply can’t resist reporting on. This is, after all, a blog that analyzes and provides insight on developments in Maryland employment issues. Thus, when our State’s highest court, the Maryland Court of Appeals, is sued as a defendant for violating the FMLA and the case goes all the way up to the U.S. Supreme Court, well, that’s news! Thankfully, for the taxpayers of Maryland, the Court of Appeals emerged victorious.

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Employment Law

Discriminating in Severance Pay Will Cost You

For most employers, the object of offering severance pay in exchange for a release is to prevent the former employee from suing and to “buy” peace. When the County of Chesterfield, Virginia, made a severance offer to one of its long-time, female employees, however, it created a Title VII discrimination lawsuit that would not otherwise have existed. That’s a major oops!

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Employment Law

Train Your Employees or Risk Trial on Harassment Claim

In Dulaney v. Packaging Corp. of America, the Court of Appeals for the Fourth Circuit recently reversed summary judgment entered in favor of an employer in a suit alleging gender discrimination and sexual harassment under Title VII of the Civil Rights Act of 1964, and similar state laws. The appellate court found that questions of fact existed regarding (1) whether the Packaging Corp. of America (PCA) took a tangible employment action against its employee, Dulaney, and (2) whether there was a sufficient nexus between Dulaney’s harassment and her termination to make the termination actionable. Essentially, PCA’s motion for summary judgment was undone by easily correctable policy and training issues.

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