An employer fires an employee after the company has approved him for intermittent leave under the Family and Medical Leave Act. The employee begins taking leave in separate blocks of time for a single qualifying reason. Then, the employer fires the employee. So the employee claims FMLA interference.
What exactly is FMLA interference? How does an employee prove it? And what are some defenses? Continue reading
An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.
Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading
“This case is close,” reasoned a federal appellate court. Continue reading
Has anyone ever sued your business for violating the Fair Labor Standards Act? This federal law requires covered employers to pay minimum wage and overtime at time-and-a-half when employees work more than 40 hours in a workweek.
They can be expensive to defend — even the ones that aren’t collective (class) actions.
Who is my “source”?
I got the scoop from EEOC Commissioner Andrea Lucas, who updated us on LinkedIn over the weekend about a Tennessee federal judge who entered this preliminary injunction to stop the U.S. Equal Employment Opportunity Commission from implementing this technical assistance document issued in June 2021 that purports to explain employers’ post-Bostock obligations under Title VII concerning dress codes, bathrooms, locker rooms, shows, and use of preferred pronouns or names.
So, where did the EEOC go awry? Continue reading
In August 2017, a flight attendant sued her employer and her union in federal court. The plaintiff would amend her complaint a few times. Among the claims that remained in the final version, the plaintiff alleged that both defendants violated Title VII of the Civil Rights Act of 1964 by discriminating against Carter’s religious beliefs and practices.
How, you ask? Continue reading
Last night, I read this recent decision from a three-judge panel on the Eleventh Circuit Court of Appeals. It involves a human resources manager who claimed that her current employer fired her after it learned that she had earlier given deposition testimony in a pregnancy discrimination lawsuit against her former employer.
Assuming this to be accurate, did the current employer violate Title VII of the Civil Rights Act of 1964? Continue reading
I had planned to blog about this Fifth Circuit decision for a while. The appellate court concluded that a plaintiff who had pleaded that his supervisor directly called him a “Lazy Monkey A__ N___” in front of his fellow employees stated an actionable claim of hostile work environment.
But then I read this federal court decision from Illinois about a black man who claimed that his employer retaliated against him by creating a hostile work environment with a noose. Continue reading
The Employer Handbook Blog
