Pregnancy

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    Under an amendment to the Fair Labor Standards Act (FLSA) made by the Affordable Care Act (ACA), employers must provide time for employees to express breast milk in a suitable private location. However, does an employer discriminate if an employee becomes extremely uncomfortable while waiting for access to a designated lactation room? Read on to...
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    The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. It also requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to successfully perform the essential functions of their jobs. While that seems clear-cut, court interpretations of...
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    As we noted in last month's newsletter, 2014 continues to be an active year for employment legislation in the Delaware General Assembly. (See "Dealing with Dover" on pg. 1.) The General Assembly has proposed a spate of new laws. Some of the bills would be beneficial to employers, while others would be problematic. Here are some emerging issues for...
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    Most employers know they cannot discriminate against employees because of pregnancy or childbirth. Pregnant employees' right to be free from discrimination arises from the federal Pregnancy Discrimination Act (PDA), which makes pregnancy discrimination a form of gender discrimination under Title VII of the Civil Rights Act of 1964. Other laws,...
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    On January 21, Governor Chris Christie signed into law a pregnancy discrimination amendment to the New Jersey Law Against Discrimination (NJLAD). The amendment took effect immediately. The NJLAD now expressly includes pregnancy and childbirth as protected categories. The amendment prohibits employers from treating pregnant workers less favorably...
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    Q How long do we have to retain employment applications for candidates who have been interviewed but weren't hired? Do we need to keep them at all? A The best practice is to retain applications, résumés, interview notes, and other hiring-related documents for six years, which is the longest period of time someone in Ohio could...
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    In theory, the Family and Medical Leave Act (FMLA) is a law that recognizes an employee’s need for unforeseen leave while minimizing the costs and efforts of the employer. It sounds simple enough to say that an employee can receive up to 12 weeks (or, up to 26 weeks where applicable) of unpaid leave a year for certain reasons and can then...

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    Q One of our employees discovered that he incorrectly coded his overtime, which means he wasn't paid at the proper rate. Now he wants us to go back 10 years to see if he has been paid wrong. Is there a time limit for reimbursing him for mistakes in his pay? A It sounds like the employee is seeking back wages — i.e., money he believes he was...
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    A pregnant employee poses one of those tricky situations most employers will face at some point down the road. Questions about leave, medical restrictions, pay, and other issues can get complicated. Here are the answers to a few commonly asked questions. Q I have a female employee who performs a very physical job. She is about six months...
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    Although pregnancy is not considered a disability under the Americans with Disabilities Act (ADA), complications and conditions that result from or are exacerbated by pregnancy or childbirth may constitute a disability. Even if a worker is unable to establish a discrimination claim that is related to her pregnancy, she still may prevail against...
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