Monthly Archives: August 2016
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…. 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… Read More »
Discovery of Plaintiff Employee’s Facebook and Social Networking Profiles
Interesting article addressing discovery of employees’ social networking pages. People love to share personal information on Facebook. This “oversharing” can be prejudicial in a lawsuit. If you wouldn’t say it at your work or in public, then you probably shouldn’t post it on facebook. Click here to view full article.
Statute of Limitations Tolled During Time Motion for Conditional Certification Pending
In a recent case, a federal Court has held the Statute of Limitations tolled while a Motion for Class Certification is pending. Unlike the filing of a Class Action under Rule 23, the filing of a Collective Action does not toll the Statute of Limitations. Therefore, the 2 year (or 3 year if willful)… Read More »
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… Read More »
5 Critical Steps to Take Before Bringing an Employment Case
Thinking about filing a lawsuit against your current or former employer? This article lays out some crucial steps to take before your bring the action. Remember: make sure you put everything in writing. Even if you have a conversation, follow it up with an email to the person summarizing the contents of the conversation…. Read More »
