Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. Continue reading
Constructive discharge is a high bar. But an ultimatum, delivered the wrong way and on the wrong timeline, can be enough to clear it.
That was the lesson from a recent federal court decision involving a pregnant employee who was told she could either keep working under at-will conditions or take six weeks of pay and leave immediately. The employer framed it as a choice. The court said a jury could see it as no choice at all. Continue reading
Did you know there’s a loophole in employment law big enough to fit an entire casino?
That’s not an exaggeration. In one recent case, an employee said she was pushed out after giving birth. She sued under the Fair Labor Standards Act. The court never even reached the merits because her employer was legally immune from being sued at all. Continue reading
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. Continue reading
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant employee returning from FMLA leave, convinced the Sixth Circuit that a jury should decide. Continue reading
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. Continue reading
The PWFA was designed to support pregnant workers.
But when the EEOC included abortion in the mix, a federal court hit pause. Continue reading
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their patients secure pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). Although healthcare providers are the intended audience, human resources professionals are pivotal in ensuring compliance with employment laws and fostering an inclusive workplace environment.
Here’s what HR professionals need to know about the EEOC’s latest guidance.
About two weeks ago, I spotlighted an EEOC lawsuit where the agency claimed an employer fired a woman four days after she experienced a stillbirth and one day after submitting a confirming letter from her doctor, which also recommended six weeks to recuperate physically and grieve. Continue reading
Yesterday, the EEOC announced that it had sued an employer for allegedly denying a new hire request to leave training early for an urgent medical evaluation related to her pregnancy and rescinded her job offer.
These are just allegations. However, according to the EEOC complaint, the federal discrimination watchdog appears to have the receipts to back them up. Continue reading
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