The Employer Handbook BlogArticles Posted in Pregnancy
But, the baby! 27,000 more reasons not to stop pregnant women from working.
Nearly three years ago to the day, I provided 55,000 reasons to allow your pregnant employees to be exposed to toxic chemicals at work. Continue reading
The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.
It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.
And how do you think that went for the plaintiff? Continue reading
A bipartisan federal bill proposes to require nursing mom protections for all female employees.
Well, not all new moms; just the non-exempt workers; i.e., the overtime-eligible employees. But, new bipartisan legislation proposed last week in the Senate will change all that. Continue reading
Grab the tack hammer. It’s the ‘Tommy Boy’ of employment discrimination stupid.
Image Credit: Tommy Boy (screenshot from Vimeo.com)
Last week, I wavered about whether to include a line from Tommy Boy in a brief that I was drafting:
“I tell ya what. If you don’t know how to fasten your seatbelt, just raise your hand and I’ll have Tommy Boy here come back there and hit you in the head with a tack hammer.”
Ultimately, I decided that it was bad form. One could reasonably construe my use of that quote as antagonizing and bit snarky. Moi?!?
So, I’m using it for this blog post instead. Continue reading
Examples of pregnancy accommodations include shift changes, rest breaks and, oh yeah, open-toed shoes.
By David Shankbone – Own 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 company allegedly fired a woman because she got an abortion. But, is that illegal?
Image by OpenClipart-Vectors from Pixabay
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
EEOC hauls in over $5M from two employers accused of pregnancy discrimination. Here are some ways to keep your money.
Image Credit: Pixabay.com
Read on to see how your business can avoid being part of this exclusive club. Continue reading
This company fired an employee on the same day that she returned from pregnancy leave … and won the lawsuit.
Image Credit: Pixabay.com
Every so often — not, “if I had a nickel” often, but every once in a while — someone hits me up for my two cents on firing an employee who is on FMLA or some other form of protected leave for [fill in the reason]. Continue reading