Category Archives: Interference

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The Case of the Breastfeeding Narc: 11th Circuit Confirms Lactating Employee is Covered Under Pregnancy Discrimination Act

Does an employee’s protection under the Pregnancy Discrimination Act (PDA) stop when the employee ceases to be pregnant?  The 11th Circuit Court of Appeals was confronted with this question in Stephanie Hicks v. City of Tuscaloosa, in which Ms. Hicks, a police officer who returned from maternity leave and unsuccessfully sought some accommodation related to … Continue Reading

Honesty Is the Best Policy . . . Until It Isn’t – Employer Denied Summary Judgment After Distributing Letter About Former Employee’s Charge of Disability Discrimination

How much should you tell your employees about a pending charge of discrimination from a former employee? Should you let them know that the EEOC might contact them? Is complete honesty really the best policy? Maybe not, according to a federal district court in Connecticut that found an employer’s oversharing about a charge precluded summary … Continue Reading

Don’t Be Chatty about FMLA Leave

If you’re not careful, a casual reference to an employee’s FMLA leave might give rise to an FMLA interference claim. A recent Florida case, Holtrey v. Collier County Bd. of Commissioners, reminds us that you can get into trouble—and violate an employee’s rights—despite proper record keeping if an employee with access to those records discloses … Continue Reading

A Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims

My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front. Refresher on Ms. Diamond’s Case Recall that Jill Diamond, a social worker for Hospice of Florida Keys, was … Continue Reading

A Diamond in the Rough (Part 1): FMLA Intermittent Leave and Interference Claims Per the Eleventh Circuit

Managing intermittent FMLA is every employer’s nightmare (or is it just me?). Employees are entitled to take leave and operations folks find it difficult to keep the trains running on time with employees who don’t show up every day. Employers try to keep a tight rein on it— requiring employees to submit medical certifications, seeking … Continue Reading

West Coast—Time to Check Your Employment Agreements: Ninth Circuit Negates No-Class Action Clause in Arbitration Agreements

This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of employment that its employees sign an agreement stating that they could not bring any class action or concerted claim regarding wages, … Continue Reading

Dollar General’s Firing of Employee on Leave Did Not Violate the ADA or FMLA

A recent Eleventh Circuit case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) approved Dollar General’s termination of an employee on leave. The timing of Dollar General’s decision could not have been worse (at least from a lawyer’s perspective)—the employee was still on leave for cancer treatment when … Continue Reading

Requiring Employees to Work on Maternity Leave Could Interfere with FMLA Rights

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act (FMLA), but she didn’t lose any salary or benefits, can she win her case? In Evans v. Books-A-Million, the Eleventh Circuit Court of Appeals says maybe. Tondalaya Evans, Books-A-Million’s Payroll and Insurance Manager, was to begin her maternity … Continue Reading

Employers: Send Your FMLA-Related Notices via Certified Mail

Send your Family and Medical Leave Act (FMLA) notices to employees via certified mail or risk having your summary judgment motion denied—that’s the message from U.S. Third Circuit Court of Appeals in Lupyan v. Corinthian Colleges, Inc. Lupyan, an instructor for Corinthian Colleges, Inc. (CCI), request personal leave and actually took more than 12 weeks. … Continue Reading
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