Pregnant Workers Fairness Act: Do We Need Another Pregnancy Law?
On May 8, 2012, the Pregnant Workers Fairness Act was introduced in the U.S. House of Representatives (H.R. 5647). This proposed legislation would require employers to be more flexible in providing accommodations often associated with pregnancy (e.g. light duties restrictions, time off for medical appointments, etc.). One might ask if another piece of legislation is […]
EEOC Recognizes Transgender Discrimination
On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) issued an opinion in Mia Macy v. Eric Holder stating that a transgender individual could bring a gender identity and transgender discrimination claim under Title VII. Macy applied for a crime lab position with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Seemingly well qualified, […]
What Wal Mart Dropping Workers Comp Means to You
As Texans, we have always prided ourselves as being independent and different from those in the other 49 states. Sometimes, however, being different doesn’t mean you’re better. Take for instance the law that requires employers to carry workers compensation insurance. This insurance provides medical coverage and wage replacement for injured workers. In exchange for having […]
US Supreme Court Limits FMLA Protections for State Workers
In a 5-4 split, the U.S. Supreme Court recently held in Coleman v. Maryland Court of Appeals that state governmental employers could not be sued for money damages under the Family and Medical Leave Act (FMLA) by workers who took medical leave for their own serious health conditions. In this case, the plaintiff, Mr. Coleman, […]
Facebook Part 2: Worker Ranting or Protected Speech?
Section 7 of the National Labor Relations Act (NLRA) provides both unionized and non-unionized employees the right to engage in protected, “concerted activities”. “Concerted activities” include efforts by employees to address or improve the terms and conditions of their employment, such as pay, hours, safety, working conditions, etc. Such activities generally involve two or more […]