FMLA Interference and Retaliation

The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees to provide up to 12 weeks of job protected unpaid leave a year.  To be eligible for FMLA leave, an employee must have worked for their employer for 12 months and 1,250 hours within the last 12 months. An… Read More

Birmingham EEOC Office Helps Nurse Receive $100,000 Settlement for Disability Discrimination Suit

Many employees are not certain of their rights under the Americans with Disabilities Act (ADA).  We often address questions regarding whether a physical illness or injury qualifies as a disability, how to properly request an accommodation, and how to respond to disability harassment in the workplace. A recent case filed by the EEOC’s Birmingham District… Read More

Breastfeeding Cop Verdict Upheld

The Eleventh Circuit Court of Appeals upheld a former Tuscaloosa police officer’s case against the Police Department for pregnancy discrimination and retaliation. Melissa Hicks had worked for the Tuscaloosa Police Department for three years before taking FMLA leave for the birth of her child. Upon returning to work, she was written up for  infractions and… Read More

What Legal Protections do Employees Have despite Alabama’s At-Will Employment?

Most people understand that Alabama is an at-will employment state.  Simply stated, that means that an employer can fire an employee for any reason, a bad reason or even without providing a reason.  While the at will employment doctrine certainly limits legal protections for the Alabama workforce, there are still numerous law that an Alabama… Read More

Protections for Alabama Workers under the Family Medical Leave Act

Alabama workers who need to take unpaid leave are protected by a federal law know as the The Family and Medical Leave Act (FMLA).  This law entitles eligible employees of covered employers to take unpaid, job-protected leave (in most circumstances up to 12 weeks) for specified family and medical reasons with continuation of group health insurance coverage… Read More

Pregnancy Discrimination on the Rise

According the Bureau of Labor, women now are the primary wage earners for the majority of American families.  As more women continue to work while pregnant and even late into pregnancy, problems with employment and improper treatment by employers also increases.  The federal Pregnancy Discrimination Act was enacted over thirty years ago and requires employers to treat pregnant… Read More

Proposed changes to Family Medical Leave Act would expand support for military families

The Department of Labor recently announced a proposal to expand protections of the Family Medical Leave Act (FMLA) for military families.  The FMLA protects individuals who need unpaid leave from work to address medical issues or care for family members with medical problems.  The proposed revisions to the FMLA would help address the unique situations… Read More