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Discrimination

Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work?

Is your employer requiring you to be 100% or requiring your doctor to release you back to work with no restrictions? This article deals with the potential legal violations associated with such requirements. For example, the Americans with Disabilities Act only requires you to be qualified. Qualified is defined as able to perform the essential […]

Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work? Read More »

When Is Third Party Retaliation An Actionable Claim?

The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII (Discrimination). So what relationship needs to exist between the Third Party and the individual engaging in the protective activity to

When Is Third Party Retaliation An Actionable Claim? Read More »

Pregnant Workers Fairness Act: Proposed Bill Extends Protection For Pregnant Women

Currently, pregnant women are a protected class under the Pregnancy Discrimination Act, an Amendment to Title VII of the Civil Rights Act of 1964. The new bill would extend protection to female employees with pregnancy-related work limitations, forcing employers to make reasonable accommodations and preventing them from terminating pregnant women due to inhibited performance. For

Pregnant Workers Fairness Act: Proposed Bill Extends Protection For Pregnant Women Read More »

The Department Of Labor Issues 16-page Fmla Guide.

The 16-page FMLA guide that the Department of Labor (DOL) says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and Medical Leave Act,” the Guide apparently was created out of DOL’s belief that “too

The Department Of Labor Issues 16-page Fmla Guide. Read More »

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada.

Discriminating against or terminating an employee because he or she is overweight is generally not unlawful. Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition. Thus, in certain situations taking an adverse job action against an employee based on his or weight (too heavy or

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada. Read More »

What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada?

Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment. This post relates to medical inquiries and examinations of an employee during employment. Certainly, no one

What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada? Read More »

Is There Protection Under The Law For Discrimination/retaliation Based On Sexual Orientation (Gay, Lesbian, Bi-sexual, Transgender)?

As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I often

Is There Protection Under The Law For Discrimination/retaliation Based On Sexual Orientation (Gay, Lesbian, Bi-sexual, Transgender)? Read More »

Cat’s Paw Theory: Can A Company Be Held Liable If The Discriminating Supervisor And The Individual(S) Who Made The Decision To Terminate Are Different?

Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative

Cat’s Paw Theory: Can A Company Be Held Liable If The Discriminating Supervisor And The Individual(S) Who Made The Decision To Terminate Are Different? Read More »

Aggressive Employment Lawyers

Who Is A “key Employee” Under The Family Medical Leave Act (Fmla)?

Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health condition, which makes an employee unable to perform the basic duties of his or her

Who Is A “key Employee” Under The Family Medical Leave Act (Fmla)? Read More »

Home Health

Are You Protected From Discrimination If Someone You Care For Has A Disability?

I informed my employer that I am the primary caregiver for a person with a disability, and then I was fired. Is this legal? The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against employees on the basis of disability. In addition to protecting employees from discrimination based on the employee’s own

Are You Protected From Discrimination If Someone You Care For Has A Disability? Read More »

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