Sex discrimination as it relates to pregnancy may include not hiring someone because they are pregnant or plan to become pregnant; terminating an employee because of pregnancy; retaliating against an employee for filing a discrimination complaint regarding pregnancy; refusing to provide accommodations to a pregnant worker; and harassment related to, affected by, or arising out… [Read More]
Reasonable Accommodations Involving Service Animals
Under Title I of the Americans with Disabilities Act (ADA), employers are required to offer a reasonable accommodation to individuals with disabilities. A reasonable accommodation is a modification to a job, employment practice, or work environment that often includes modifying equipment or devices; modifying training materials; making facilities readily accessible to disabled employees; modifying work… [Read More]
FMLA Leave Eligibility for Remote Workers
Although workplace disruptions associated with the pandemic have passed, many employees continue to work from home. If a remote worker has to take time off from work, they often have questions regarding FMLA leave eligibility and how it applies to their unique employment situation. Recently the Department of Labor (DOL) issued guidance on how to… [Read More]
Workplace Retaliation Claims Lawyer
Retaliation in the workplace is defined as an adverse employment action(s) against an employee because they have reported unlawful practices, served as a witness to support a claim, assisted or participated in any way in an investigation, grievance proceeding, or hearing regarding unlawful activity in the workplace including discrimination. For example, an employee that reports… [Read More]
Des Moines Severance Package Lawyer
The economic forecast may result in job losses across the country through the foreseeable future. Many long term employees may be facing the prospect of losing employment as we head into 2023. If you are facing termination and are offered severance pay, it is important to understand your rights before signing a release. For example,… [Read More]
Termination or Harassment Based on Discrimination
As an employee, it is easy to feel powerless in the face of threats of termination or suspension from an employer. Those facing employment termination or other adverse employment actions may simply give up, believing any fight would be hopeless. However, it is important to remember that employees are protected by various laws and understanding… [Read More]
Legal Remedies for Wrongful Termination
When you are wrongfully terminated from your job, there are a number of legal remedies you may pursue, with a general goal of making you whole again. Back Pay Following Wrongful Termination If a court finds that your employer wrongfully terminated you, you may be entitled to back pay. Back pay will include payments and… [Read More]
When is it Illegal to Fire an Employee?
If you have been fired from your job, you may wonder if there is any legal recourse. The general rule regarding employment termination is that employment is at will, meaning an employer can terminate employment for almost any reason, whether it is a personal disagreement or they believe your performance is subpar. Bottom line is… [Read More]
Racial Discrimination and the Hostile Work Environment
Typically when someone brings a racial discrimination case, harassment must be severe and “pervasive” enough to create a hostile work environment. However, even a single incident of severe harassment can sometimes create a hostile work environment resulting in a Title VII claim of workplace discrimination. To demonstrate the point, the U.S. 5th Circuit recently… [Read More]
Sexual Orientation and Gender Identity Discrimination in the Workplace
Federal law prohibits sexual orientation and gender identity (SOGI) discrimination in any aspect of employment whether discrimination takes place as part of the hiring process, the assignment of job positions, promotions, terminations, or any other condition of employment. It is also unlawful to subject employees to workplace harassment that creates a hostile work environment based… [Read More]
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