Shawe Rosenthal

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Governor Hogan announced on May 24, 2019 that he was vetoing HB994, the “Ban the Box” bill, as our partner Liz Torphy-Donzella predicted he would do in our webinar on Maryland’s recently enacted employment laws. This means that, absent a veto override, this bill will not become law. The bill, however, passed with veto-proof majorities in both the House and Senate, so we will likely see a veto override in the next General Assembly…
Debt can alter one’s future trajectory for good or for ill.  The latter is reflected in a recent article in the Wall Street Journal.  Although they are the most educated generation ever in the U.S., Millennials at the tail end of their generation incurred unprecedented debt for college – often six figure debt – then graduated into the Great Recession.  Their employment opportunities were truncated.  As a result, their income potential (and debt repayment…
A more conservative Supreme Court than we’ve seen in recent history is poised to consider whether Title VII’s prohibition on discrimination based on “sex” includes sexual orientation and gender identity. The Supreme Court has agreed to hear a trio of cases in the 2019-2020 term, which begins in October. We previously wrote on this topic here as the Circuit split was developing. Not even the federal government tasked with enforcing employment discrimination laws agrees on…
$3.8 million dollars. That’s what a Tucson, Arizona jury awarded to a former fire paramedic denied workplace accommodations required under the Fair Labor Standards Act for women who want to pump breast milk for their infants. Under the law, for the first year after the birth of a child, employers must provide non-exempt employees with reasonable breaks to pump. Employers also must provide a place, other than a bathroom, that is shielded from the…
I found a recent case to be a peculiar example of how Title VII is not a “general civility code” in the workplace. In Butto v. CJKant Resource Group, LLC, a male executive was terminated after complaining about being required to arrange female escorts for his married supervisor and perform other activities to facilitate his supervisor’s infidelity. It seems like a reasonable complaint, right? But does that mean it was protected under Title VII?…
On April 23, 2019, a divided U.S. Supreme Court answered a question that had been left open by the Court in 2010: namely, whether an agreement that is ambiguous on the availability of class-wide arbitration could form the basis for an order compelling the arbitration of such claims.  In Lamps Plus, Inc. et al. v. Varela, the Court ruled that such an agreement does not support an order compelling arbitration of class action claims.…