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Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.

An employee fired while on FMLA leave is usually a recipe for trouble for the employer.

But not this time. Continue reading

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Image Credit: Photofunia.com

In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.”

I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all about. Continue reading

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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

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