Maternity Leave Laws
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In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.
Employers that pay new hires more than employees with the same or similar experience should be prepared to prove why they needed to sweeten the pot. Otherwise, they risk an Equal Pay Act lawsuit if it just so happens the hire is of the opposite sex as an incumbent.
Think if someone complains to HR and you just kick it up the chain of command, the problem will just take care of itself? Think again.
Employers can read any e-mails sent using company-owned computers or other devices, as long as they inform employees they should have no expectation the communication is confidential. That’s true even of e-mails an employee sends to an attorney to discuss a potential lawsuit against the employer.
Some old-school managers cling to outdated notions about how to treat pregnant employees. Kind gestures are fine, but watch out if a manager’s overprotectiveness results in women being denied promotions or opportunities to work when there’s no reason not to.
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.
Some old-school managers cling to outdated notions about how to treat pregnant employees. Watch out if over-protectiveness results in women being denied an opportunity to work when there’s no reason not to.
In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to the highest annual total in the EEOC’s 45-year history.
The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.