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PERFUME-FREE POLICY – EEONews
UncategorizedA customer service representative requested a perfume-free policy or an enclosed cubicle with an air filter because of toxic encephalopathy. She was fired because she accused her employer of poisoning her and because her requests were framed as ultimatums. The Third Circuit found enough evidence to support a retaliation claim and ordered a trial.
LATERAL TRANSFER NOT RETALIATORY – EEONews
UncategorizedA lateral transfer without a loss in benefits or responsibilities is not an adverse employment action. The court observed that “not everything that makes an employee unhappy is an actionable adverse action.”
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UncategorizedPREGNANCY AND THE FMLA – EEONews
UncategorizedA mother armed with a doctor’s note requested an FMLA leave to help coach her daughter during childbirth. The Court found that pregnancy is not a serious health condition for FMLA purposes unless there are complications.
WAIVING FMLA RIGHTS – EEONews
UncategorizedThe FMLA regulations state that “Employees cannot waive … their rights under the FMLA.” The Fifth Circuit has ruled that an employee can release the right to sue for damages under the FMLA as part of an otherwise enforceable general release.
SLEEPING ON THE JOB – EEONews
UncategorizedA model employee for four years started sleeping on the job. When called after leaving early, he mumbled odd phrases to his boss and his sister said he was very sick. A jury could reasonably find that his unusual behavior was due to a medical condition that triggered FMLA rights.
SOVEREIGN IMMUNITY WORKS FOR STATES IN FMLA CASES, BUT NOT IN TITLE VII CASES – EEONews
UncategorizedOn the same day, the Eighth Circuit held that Congress clearly intended States to be covered by Title VII and the Eleventh Circuit found that sovereign immunity protects States from FMLA claims. Both Courts looked to legislative intent to determine if sovereign immunity applied.
SINUSITIS – EEONews
UncategorizedA manager had a long history of medical leaves. He missed an important meeting because of a sinus infection and a toothache. His firing did not violate the FMLA because he did not have a serious medical condition.
PREGNANT WORKER HAS FMLA RIGHTS DESPITE EMPLOYMENT FOR LESS THAN ONE YEAR – EEONews
UncategorizedIn January a hospital employee notified her employer that she was pregnant and would be taking a leave in July – more than 12 months after her hire. She was fired two weeks after requesting a leave. “An employee is not barred from proceeding with a retaliation claim under the FMLA if he or she has been employed for less than twelve months but requests leave to begin more than one year after employment commenced.”
LEAVE NOT DESIGNATED AS FMLA LEAVE- EEONews
UncategorizedAn employee sought to extend a 30 week leave by 30 days. Her employer said no. The employer sued alleging the 30 weeks leave was not designated as an FMLA leave. The U.S. Supreme Court sided with the employer.