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Manolo Blahnik on Whitney Port Shankbone 2009 Tribeca.jpg

By David ShankboneOwn work, CC BY 3.0, Link

Yesterday’s post was all about the breadth of the Pregnancy Discrimination Act (PDA). We addressed a situation in which a plaintiff alleged that her employer fired her for seeking an abortion. The court concluded that, if true, the employer’s actions would have violated the PDA.

(The employer ultimately prevailed on the PDA claim because it had a non-discriminatory reason for firing the plaintiff.)

Today, let’s shift focus to accommodations under the PDA. Continue reading

A Louisiana woman claimed that, back in September 2017, she told her employer that she had become pregnant and that she was planning on having an abortion. The woman then alleged that, during her time off from work, the company violated the Pregnancy Discrimination Act (PDA) by firing her.

Let’s assume that the company did fire her for getting an abortion. Does that violate the PDA? Continue reading

Seal of the United States Equal Employment Opportunity Commission

U.S. Government [Public domain], via Wikimedia Commons

It took nearly two years for the Senate to vote on Janet Dhillon, President Trump’s nominee to Chair the U.S. Equal Employment Opportunity Commission.

However, last week, the Senate finally confirmed Ms. Dillon. So, not only does the EEOC have a new leader, but it also has a quorum with three out of five Commissioner seats filled.

What does this mean for employers? A lot. Continue reading

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I’ll be the first to admit that, if I were watching this video in real time, I would have missed it.

Missed what?

A Chicago Cubs fan flashing what the team determined was an ‘offensive hand gesture associated with racism’ on live tv. That fan has since been banned from Wrigley Field, where the Cubs play their home games. Continue reading

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Image by mohamed Hassan from Pixabay

I live and work about 100 miles northeast of Baltimore, MD.

I don’t have my finger on the pulse of everything that’s going on in the Charm City. However, I do know that the City’s 50th mayor, Catherine Pugh, had a bad run there at the end. She resigned on May 2, which was about a week after the FBI and IRS conducted multiple raids relating to her business affairs. You can read all about it here.

The purpose of today’s post is not to pile onto Ms. Pugh. Instead, I want to focus on another related separation of employment and a lesson for your workplace.

Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/illustrations/oops-reminder-post-note-sticker-1432954/)

You just approved leave under the Family and Medical Leave Act for your employee so that she can attend to her sick mother who is in the emergency room at the hospital. You used the Notice of Eligibility and Rights & Responsibilities — good for you for documenting the leave! — checking the box to state that the employee is eligible for FMLA leave. Your employee takes a few weeks off and that’s when you realize that, well…

The employee wasn’t eligible for FMLA. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/)

Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity.

That decision did not sit well with several members of Congress. Continue reading

“Doing What’s Right – Not Just What’s Legal”