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The Employer Handbook BlogDid this employee get caught trying to pull a fast one? Or did the company interfere with his FMLA rights?
Stop me if this sounds familiar. Continue reading
Force your employees to sign THIS, and the EEOC may nail you for ADA interference
Something caught my eye yesterday as I was perusing the EEOC newsroom. The federal watchdog recently announced that it had filed a lawsuit against an employer for something called Americans with Disabilities Act interference.
What exactly is ADA interference? Continue reading
100,000 reasons to accommodate an employee after she experiences a stillbirth (and not fire her four days later)
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
Rest in Peace: Lilly Ledbetter, an equal-pay activist and icon
U.S. Department of Labor, CC BY 2.0, via Wikimedia Commons
Over the weekend, Lilly Ledbetter, a woman who unintentionally became a champion of equal pay for men and women, died at 86. Continue reading
An employee facing termination of employment requested FMLA leave. It didn’t save him from getting fired. Here’s why…
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
Join us today on Zoom at Noon ET to learn the playbook of an employee-rights attorney (who used to represent employers).
Alex Meier leveraged years of experience and savvy representing clients of one of the leading management-side employment law firms in the United States to form an employee-rights firm and advocate for plaintiffs — your workers.
Bold move!
Your HR Guide to Hurricane Milton
As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet.
Many of you with businesses in Florida will have closures this week. When companies shut down due to weather, employment issues arise. I can’t cover all of them in this post, but below, I’ve tried to outline some of the more prevalent federal issues with links to helpful resources.
I’m pretty sure I found Exhibit “A” in a new EEOC pregnancy bias lawsuit. It will blow your mind 🤯
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
Should it be harder for straight workers to prove bias than gay workers? How about a heightened standard for white workers to prove discrimination? The Supreme Court will decide.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on sex. In 2020, the Supreme Court interpreted Title VII’s ban on sex discrimination to include employer bias based on sexual orientation.
But, did you know that in about half the country, a heterosexual employee who believes that their employer discriminated against them based on their sexual orientation must also establish “background circumstances” on top of Title VII’s other requirements to establish that their employer is the “unusual” one who discriminates against the majority to sustain a claim?
What exactly are “background circumstances”? Continue reading
