Attorneys seem intent on finding some form of discrimination in every adverse employment decision—and courts seem increasingly inclined to go along. Consider this recent case, in which a pregnant black employee won the right to a jury trial on race and national-origin discrimination based on the allegation that a white pregnant employee was treated better.
Maternity Leave Laws
Need a sample maternity leave policy? Information on pregnancy disability leave? We can help with the latest on topics like disability maternity leave.
Creating a legally compliant maternity leave policy is harder than ever. When you need assistance, trust Business Management Daily to help you deliver.
Supervisors sometimes get angry when employees accuse them of some form of discrimination. But if that anger spills over into increased scrutiny, more job tasks and other unpleasant conditions for the employees who complained, count on even more legal trouble. That’s why HR must do more than simply warn supervisors against retaliation.
The EEOC has filed pregnancy discrimination charges against Orlando-based Hilton Grand Vacations after the company failed to rehire a worker who resigned to deal with pregnancy-related health problems.
The cost cutting and headcount reductions might not be over yet, but as the economy begins its slow recovery, HR pros are reporting fewer layoffs, a renewed focus on retention—and even a talk of pay raises! Still, the flush workplace of 2006 isn’t likely to rush back into vogue. Here are 12 lingering adjustments—all with comp and benefits implications—that could outlast the recession:
Charlotte-based Lawyers Glen retirement home has agreed to pay $20,000 to settle a pregnancy discrimination complaint brought by one of its nursing aides. When Ashley Wilhelm told her supervisor she was pregnant, she soon found herself working fewer hours. The reduction continued throughout her pregnancy, even though her physician certified she could work full time up until she gave birth.
Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:
Some employees believe the Pregnancy Discrimination Act makes it illegal to discharge a pregnant woman for any reason related to the pregnancy. That’s not quite true. The PDA merely requires employers to treat pregnant women no differently than other employees. That may mean discharge for complications associated with pregnancy—under the right circumstances.
Although state and federal laws protect new mothers from discrimination, the Ohio Supreme Court has ruled it was legitimate for an employer to fire an employee who did not ask for an accommodation to pump breast milk. The court concluded that the employer didn’t discriminate on the basis of sex, but simply terminated an employee for insubordination.
Personal voice mail messages are in the news this month. They can come back to haunt you, as Tiger Woods found out when he left evidence of his infidelity on voice mail. But what about leaving a voice mail message for a co-worker or subordinate? One court said, “Beware!” They can be smoking guns aimed directly at the employer’s wallet ...
Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly yet unwittingly be bound to provide its employees with FMLA rights and benefits? Maybe so. In Reaux v. Infohealth Management Corp., a federal judge recently ruled that employers that are not otherwise required to provide FMLA leave could wind up subjecting themselves to the FMLA by promising it to employees.