Archives
- Sep 15 2017
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- Family Medical Leave Act Discrimination, Pregnancy Discrimination and Failure to Accommodate
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Lactation is Pregnancy Related Medical Condition Protected by PDA
Given the horrible decision we reported on a couple of weeks ago, in which a district court shockingly ruled that termination because of menstruation was not unlawful discrimination, we thought it would be nice to report on a court that is getting things right. A little antidote to the negative on this sunny Friday morning. Specifically, the 11th Circuit Court …
- Jun 2 2017
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- Blog, Family Medical Leave Act Discrimination, Parental Leave, Sick Leave
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Trump’s Paid Parental Leave Proposal: Yay or Nay
A Problematic Start with Good Intentions
While many are against some of the cuts that President Trump introduced last week in his budget proposal, others are enthusiastic about the included paid parental leave plan. Trump’s paid parental leave plan gained him supporters during his campaign. However, prior to his budget proposal last week, the plan remained a mystery. Even though Trump’s plan will …
- Sep 15 2016
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- Blog, Disability Discrimination and Failure to Accommodate
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Subjecting Presidential Candidates to Medical Inquiries: Are we Really Entitled to Know That??
Under What Circumstances are Job-Related Medical Inquiries Allowed
We’ve all been hearing a lot this campaign season about the relative health conditions of the candidates for President of the United States. We have been privy to letters from doctors attesting to the well-being of both candidates as well as significant commentary about whether those letters are true and accurate. Everyone, from …
- Feb 17 2014
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- Blog, Disability Benefits, FMLA and ERISA, Employment Law
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Great Decision Interpreting FMLA’s “Caring for a Parent” Language
7th Circuit Interprets “Caring for a Parent” to Include Last Wish Trip to Las Vegas
The Family and Medical Leave Act (“FMLA”) affords eligible employees the right to take twelve work weeks of leave “[i]n order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health …
- Jul 1 2013
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- Blog, Disability Benefits, FMLA and ERISA, Employment Law
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Defense of Marriage Act and the FMLA
Supreme Court Strikes Down Defense of Marriage Act:Implications for Gay Spouses under the Family Medical Leave Act
Last Wednesday, June 26, 2013, in the landmark 5-4 decision of United States v. Windsor, the U.S. Supreme Court struck down the federal Defense of Marriage Act (“DOMA”) as unconstitutional. Signed into law in September 1996, DOMA defined marriage as …
- Jun 19 2013
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- Blog, Employment Law, Legislative Advocacy, Sick Leave
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Paid Sick Leave Laws in Danger
States Passing Preemptive Bills to Prevent Passage of Paid Sick Leave Laws
I am consistently surprised by the number of people I speak with (friends, family members, and clients alike) who simply assume that employers are obligated to provide employees with paid sick leave. I suppose I shouldn’t be surprised by this. For those who have been lucky enough to work …
