A PRIMER FOR WORKERS COMPENSATION ATTORNEYS ON COMMON EMPLOYMENT CLAIMS

Size: px
Start display at page:

Download "A PRIMER FOR WORKERS COMPENSATION ATTORNEYS ON COMMON EMPLOYMENT CLAIMS"

Transcription

1 A PRIMER FOR WORKERS COMPENSATION ATTORNEYS ON COMMON EMPLOYMENT CLAIMS by Cynthia N. Sass, Esquire Hillsborough County Bar Association CLE Luncheon April 23, 2014 Available Courtesy of: 601 West Dr. Martin Luther King Jr. Boulevard Tampa, Florida (813)

2 A PRIMER FOR WORKERS COMPENSATION ATTORNEYS ON COMMON EMPLOYMENT CLAIMS 1 Cynthia N. Sass, Esquire 601 W. Dr. Martin Luther King Jr. Boulevard Tampa, Florida I. AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED BY THE AMERICANS WITH DISABILITIES AMENDMENTS ACT OF 2008 ( ADA ) A. COVERED EMPLOYERS: 1. Applies to federal, state and local governments and to private employers, labor organizations and employment agencies. 2. Employers must be engaged in an industry affecting commerce, and have 15 or more employees for each working day for 20 or more calendar weeks in the current or preceding calendar year. B. PROHIBITS: 1. Discrimination based on an individual s: Actual disability which is defined as a mental or physical impairment that substantially limits one or more major life activities; Record of disability; Perceived disability which is also known as regarded as disabled ; o A person falls under the regarded as prong if the perceived impairment is one that is not transitory and minor (i.e. the duration of which would last less than six months). Associational discrimination for individuals known to be associated with disabled individuals. After the 2008 amendments, disability is defined broadly. 2. Harassment based on any of the above. 1 The materials attached are distributed by the, as a service to clients and other interested individuals. The outlines or information contained herein are provided for informal use only. This material should not be considered legal advice and should not be used as such.

3 3. Retaliation: An employer may not take adverse action against any employee or former employee who has made a complaint of discrimination. The ADA prohibits discrimination against any employee because he has opposed any practice made unlawful by the ADA, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the ADA. NOTE: These protections apply to employees and prospective employees. C. REASONABLE ACCOMMODATION: 1. The ADA requires employers to provide reasonable accommodations to employees with disabilities. 2. An individual with a disability is considered qualified if the individual can perform the essential functions of the position held or desired with or without reasonable accommodation. 3. A covered entity is required, absent undue hardship, to provide reasonable accommodation to an otherwise qualified individual with a substantially limiting impairment of major life activities or a record of such an impairment. Major life activities include but are not limited to sitting, walking, bending, working and care for oneself, as well as major bodily functions (such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions ). 4. However, a covered entity is not required to provide an accommodation to an individual who meets the definition of disability solely under the regarded as prong. 5. If an employer fails to provide an employee with a reasonable accommodation required under the law, the employee may bring a discrimination claim against the employer on this basis as well. 6. An employer has an obligation to enter into an interactive process to determine a reasonable accommodation. 7. Types of Accommodations: Breaks; Flex schedules or working from home; Modified work schedules; Special equipment; Reassignment to different position; and Page 2

4 Leaves of absence (in certain circumstances, where the leave is not indefinite, etcetera). D. MEDICAL EXAMINATIONS: In certain circumstances, employers may also require medical examinations or fitness for duty examinations, which are also governed by the ADA. 1. The United States Equal Employment Opportunity Commission s ( EEOC ) regulations make it clear that an employer can require an employee to submit to a medical examination after the start of employment, if the employer can show the medical examination is job related and consistent with business necessity. 29 C.F.R (c). 2. Examples of when employers have required an employee to submit to a medical examination include: To determine if an employee is a direct threat to the health and safety of themselves or other employees in the workplace. 29 C.F.R (b)(2); To determine if an employee is unable to perform the essential job functions because of a medical condition (this inquiry must be made based on a reasonable belief that the employee cannot perform the essential functions). 29 C.F.R (c); or Where an employee has requested accommodations and the need for the accommodation is not obvious. 3. The employer bears the burden of proving that an examination is lawful by demonstrating: A medical examination is required to determine whether an employee can perform his job duties; The employer has an objectively reasonable, non-discriminatory and nonretaliatory reason to question the employee s ability to perform his job functions; and The examination is a less intrusive means of determining whether the employee can perform his job functions. 4. Genetic Information Non-Discrimination Act Considerations. Medical examinations of employees which request family medical history may violate the Genetic Information Non-Discrimination Act as more fully described in Section IV, below. E. STATUTE OF LIMITATIONS: An employee is required to file a charge of Page 3

5 discrimination before filing a lawsuit in court. In Florida, the statute of limitations for filing a charge with the EEOC is 300 days from the date the employee knew or should have known of the discriminatory action taken against him. F. REMEDIES (as appropriate in each particular case): 1. Injunctive relief; 2. Reinstatement or, in the alternative, front pay; 3. Promotion; 4. Lost wages and benefits; 5. Reasonable attorneys fees and costs; 6. Pre-judgment and post-judgment interest; and 7. Damages: a. Compensatory Damages: Compensate the employee monetarily for emotional distress or any other type of injury that may result from the alleged intentional discriminatory conduct. This issue is decided by a jury and may include: Actual out-of-pocket pecuniary losses; Future pecuniary losses (court-decided); and Emotional pain, suffering, mental anguish, loss of enjoyment of life, loss of reputation, and other non-monetary losses. NOTE: Money damages are not available against a state for violations of the ADA pursuant to the state s sovereign immunity under the Eleventh Amendment. Board of Trustees of University of Alabama v. Garrett, 531 U.S. 365 (2001). b. Punitive Damages: Designed to punish the employer for malicious conduct and deter other employers from engaging in similar conduct in the future. Where available, punitive damages are decided by a jury. NOTE: Punitive damages are NOT available against government employers. c. Damages Caps: The total of compensatory and punitive damages is capped at: Employees = $50, Employees = $100, Employees = $200, Employees = $300,000 Page 4

6 G. STANDARD OF PROOF FOR DISCRIMINATION CLAIMS: An employee must establish that a protected characteristic was a motivating factor in the employer s decision to take an adverse employment action against him. The employee generally has the ultimate burden of persuasion in an ADA action, and the employer generally has to meet only a burden of production as to its legitimate, non-discriminatory and/or nonretaliatory reason for taking the adverse action against the employee. H. STANDARD OF PROOF FOR RETALIATION CLAIMS: An employee must establish that an employer took action because of a protected characteristic. In other words, an employee must show that, but for engaging in protected activity, the employer would not have taken the adverse action against him. The employee generally has the ultimate burden of persuasion in an ADA retaliation action, and the employer generally has to meet only a burden of production as to its legitimate, non-discriminatory and/or nonretaliatory reason for taking the adverse action against the employee. I. STANDARD FOR FAILURE TO ACCOMMODATE CLAIMS: Once an employee establishes a prima facie case of disability discrimination, the employee has the burden of identifying a reasonable accommodation that would have allowed the employee to perform the essential functions of the job. Once this burden is met, the employer must prove that the reasonable accommodation imposed an undue burden. II. FLORIDA CIVIL RIGHTS ACT OF 1992, FLORIDA STATUTE , et seq. ( FCRA ), IS THE STATE EQUIVALENT OF FEDERAL ANTI- DISCRIMINATION, HARASSMENT AND RETALIATION LAWS A. COVERED EMPLOYERS: 1. Applies to federal, state and local governments and to private employers, labor organizations and employment agencies. 2. Employers must be engaged in an industry affecting commerce, and have 15 or more employees for each working day for 20 or more calendar weeks in the current or preceding calendar year. B. PROHIBITS: 1. Discrimination based on: Race; Color; Religion; Sex; National origin; Age; Handicap; Page 5

7 Marital status (the state of being married, single, divorced, widowed or separated, but does not include the specific identity of an individual s spouse); 2 and Pregnancy, childbirth, or related medical conditions. 2. Harassment based on a protected characteristic. 3. Retaliation. C. REASONABLE ACCOMMODATION: The FCRA is construed in accordance with the ADA. See Byrd v. BT Foods, Inc., 948 So.2d 921, 925 (Fla. 4th DCA 2007); Sicilia v. UPS, 279 Fed. Appx. 936 (11th Cir. 2008). D. STATUTE OF LIMITATIONS: An employee is required to file a charge of discrimination with the Florida Commission on Human Relations ( FCHR ) before filing a lawsuit in court. The statute of limitations for filing a charge with the FCHR is 365 days from the date the employee knew or should have known of the discriminatory action taken against him. (See below for more information regarding dual-filing of charges between agencies.) E. REMEDIES (as appropriate in each particular case): 1. Injunctive relief; 2. Reinstatement or, in the alternative, front pay; 3. Promotion; 4. Lost wages and benefits; 5. Reasonable attorneys fees and costs; 6. Pre-judgment and post-judgment interest; 7. Damages: a. Compensatory. No cap on compensatory damages. b. Punitive. Punitive damages capped at $100, Liability of the state or its agencies is limited to $200,000 per person or $300,000 per incident (5) and , Fla. Stat. This amount is inclusive of attorneys fees and costs. 2 Donato v. American Telegraph & Telephone Co., 767 So.2d 1146 (Fla. 2000). Page 6

8 F. STANDARD OF PROOF: An employee must establish that an employer took action because of a protected characteristic and as such was a motivating factor in the employer s decision to take an adverse employment action against him. The employee generally has the ultimate burden of persuasion in an FCRA action, and the employer generally has to meet only a burden of production as to its legitimate, non-discriminatory and/or non-retaliatory reason for taking the adverse action against the employee. G. STANDARD OF PROOF FOR RETALIATION CLAIMS: An employee must establish that an employer took action because of a protected characteristic. In other words, an employee must show that but-for engaging in protected activity, the employer would not have taken the adverse action against him. The employee generally has the ultimate burden of persuasion in an FCRA retaliation action, and the employer generally has to meet only a burden of production as to its legitimate, non-discriminatory and/or nonretaliatory reason for taking the adverse action against the employee. III. HOSTILE WORKING ENVIRONMENT UNDER THE ADA AND/OR FCRA A. HOSTILE WORK ENVIRONMENT: 1. When an individual, based on his or her disability, record of disability and/or perceived disability, is subjected to a hostile, intimidating or offensive work environment which is so severe or pervasive that it alters the conditions of the victim s employment. a. The work environment must be perceived as hostile or abusive ; b. Objectively by a reasonable person; and c. Subjectively by the victim Factors: a. Frequency of the discriminatory conduct; b. Severity of the conduct complained of; c. Physically threatening or humiliating conduct vs. mere offensive utterances ; d. Whether the discriminatory conduct unreasonably interferes with an employee s work performance; and e. Whether the discriminatory conduct is unwelcome. 3 Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). Page 7

9 3. Employer s Affirmative Defense: 4 a. The employer took reasonable steps to prevent and promptly correct any harassment that occurred; and b. The employee unreasonably failed to take advantage of any preventative or corrective opportunities or to otherwise avoid harm. 4. Employer s Reasonable Steps: a. Policy prohibiting harassment in the employee handbook should: 5 Be separate from general EEO policy; Include grievance and complaint-reporting procedures that provide alternative avenues for employees to complain; Be distributed to all employees; Define harassment (consult EEOC regulations, case law and periodically update with employment counsel); Include specific and clear reporting, complaint and investigation procedures; Clearly articulate that the company PROHIBITS any form of illegal harassment or discrimination; and Notify employees that violation of the policy may result in discipline, up to and including termination. b. The complaint procedure should not require an employee to first complain to the alleged harasser Employee Unreasonably Failed to Take Advantage: An employee unreasonably fails to avoid the actionable harassment where he fails to report the supervisor s behavior to the employer at the time of the incidents. 7 a. If an employee follows the clear and published policy of reporting harassment to the appropriate person, he need not be concerned with whether he pursued the complaint far enough up the company ladder; reporting to an appropriate person is sufficient notice to company. Breda v. Wolf Camera & Video, 222 F.3d 886, 4 Faragher v. City of Boca Raton, 524 U.S. 775 (1998). 5 See generally Walton v. Johnson & Johnson Services, 347 F.3d 1272 (11th Cir. 2003). 6 Madray v. Publix Supermarkets, Inc., 208 F.3d 1290 (11th Cir. 1999), cert denied, 121 S. Ct. 303 (2000). 7 Walton, 347 F.3d Page 8

10 890 (11th Cir. 2000). b. Should management fail to take remedial action upon employee s initial complaint, an employee s claim cannot be defeated for his failure to report subsequent conduct. Miller v. Kenworth of Dothan, Inc., 277 F.3d 1269, 1276 (11th Cir. 2002). B. REMEDIES FOR HARASSMENT: See ADA and/or FCRA sections, above. C. STANDARD OF PROOF: An employee must prove the following: 1. The employee belonged to a protected class; 2. The employee was subjected to unwelcome harassment; 3. The harassment was because of the employee s protected characteristic; 4. The harassment was sufficiently severe or pervasive to alter the employee s terms and conditions of employment and create a discriminatorily abusive working environment; and 5. The employer is liable through either direct or vicarious liability. 8 IV. GENETIC INFORMATION NON-DISCLOSURE ACT OF 2008, 42 U.S.C. 2000ff, et seq. ( GINA ) A. COVERED EMPLOYERS: 1. Applies to federal, state and local governments and to private employers, labor organizations and employment agencies. 2. Employers must be engaged in an industry affecting commerce, and have 15 or more employees for each working day for 20 or more calendar weeks in the current or preceding calendar year. B. PROTECTS: GINA is designed to protect all individuals against discrimination in employment based on their genetic information. C. PROHIBITS: 1. Discrimination based on an individual s genetic information. 2. Acquisition of Genetic Information: It unlawful for and prohibits an employer to request, require or purchase an employee s genetic information, except in limited 8 Miller v. Kenworth of Dothan, 277 F.3d 1269 (11th Cir. 2002). Page 9

11 circumstances. These circumstances include: Compliance with family and medical leave laws; Employer-sponsored wellness programs, but must have written authorization to obtain the genetic information; Where the employer purchases documents that are commercially and publicly available that may contain the employee s family medical history information; Genetic monitoring of the effects of toxic substances in the workplace with proper notice and authorization from employee; DNA analysis for law enforcement purposes; and Where the employer inadvertently requests or requires family medical history. It is considered inadvertent if the request does not explicitly ask an employee to provide genetic information. 29 C.F.R Retaliation: a. An employer may not take adverse action against any employee or former employee who has made a complaint of discrimination. b. GINA prohibits discrimination against any employee because he has opposed any practice made unlawful by GINA, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under GINA. 4. Disclosure of Genetic Information: Genetic information is to be kept confidential and considered as a confidential medical record, except that an employer may disclose genetic information in the following circumstances: a. At the request of the employee; b. To an occupational or other health researcher where the research is conducted in compliance with the United States Department of Health and Human Services Regulations; c. In response to a court order; d. To government officials investigating violations and/or compliance with GINA; e. As necessary in connection with an employee s certification for leave under the Family and Medical Leave Act ( FMLA ); and Page 10

12 f. To a federal, state or local public health agency when it involves or concerns a contagious disease that presents an imminent hazard of death or life-threatening illness. D. STATUTE OF LIMITATIONS: An employee is required to file a charge of discrimination before filing a lawsuit in court. In Florida, the statute of limitations for filing a charge with the EEOC is 300 days from the date the employee knew or should have known of the discriminatory action taken against him. E. REMEDIES (as appropriate in each particular case): 1. Injunctive relief; 2. Reinstatement or, in the alternative, front pay; 3. Promotion; 4. Lost wages and benefits; 5. Reasonable attorneys fees and costs; 6. Pre-judgment and post-judgment interest; and 7. Damages: a. Compensatory Damages: Compensate the employee monetarily for emotional distress or any other type of injury that may result from the alleged intentional discriminatory conduct. This issue is decided by a jury and may include: Actual out-of-pocket pecuniary losses; Future pecuniary losses (court-decided); and Emotional pain, suffering, mental anguish, loss of enjoyment of life, loss of reputation, and other non-monetary losses. b. Punitive Damages: Designed to punish the employer for malicious conduct, and deter other employers from engaging in similar conduct in the future. Where available, punitive damages are decided by a jury. NOTE: Punitive damages are NOT available against government employers. c. Damages Caps: The total of compensatory and punitive damages is capped at: Employees = $50, Employees = $100, Employees = $200, Employees = $300,000 Page 11

13 F. STANDARD OF PROOF: An employee must establish that a protected characteristic was a motivating factor in the employer s decision to take an adverse employment action against him. The employee generally has the ultimate burden of persuasion in a GINA action, and the employer generally has to meet only a burden of production as to its legitimate, non-discriminatory or non-discriminatory and/or retaliatory reason for taking the adverse action against the employee. V. EXHAUSTION OF ADMINISTRATIVE REMEDIES: Under the ADA, GINA and the FCRA, an employee must exhaust his administrative remedies before proceeding to the appropriate federal or state court. Administrative exhaustion involves filing a charge of discrimination or retaliation with the EEOC and/or the FCHR. A. EEOC: 1. Date Calculations: a. The statute of limitations for filing a charge with the EEOC is 300 days 9 from the date the employee knew or should have known of the discriminatory action taken against him. A charge filed with the EEOC is considered dual-filed with the FCHR and vice versa. 10 b. Before proceeding to court, the employee who files with the EEOC must receive a Notice of Right to Sue. There are two ways this notice will be issued: The EEOC (or in some cases the United States Department of Justice ( DOJ ) when dealing with a governmental employer) will issue a Notice of Right to Sue upon the completion of its investigation; or An employee can request that the EEOC cease its investigation and issue a Notice of Right to Sue. However, the employee must not request the notice until 180 days have passed from the date on which the charge was filed. B. FCHR: c. The employee has 90 days from the date he receives a Notice of Right to Sue from the EEOC to file his claims in court. If he misses this deadline, he will be forever barred from pursuing his federal discrimination and/or retaliation claims in court. 1. Date Calculations: 9 Normally 180 days but extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. Florida has the FCRA/FCHR and, therefore, a 300-day time limit to file EEOC charges. 10 Typically, when one agency begins an investigation into the charge, the other will cease its investigation. Page 12

14 a. For the FCHR, the statute of limitations for filing a charge is 365 days from the date the employee knew or should have known of the discriminatory and/or retaliatory event. b. If the FCHR has not issued a determination of either cause or no cause to believe that the employer has engaged in unlawful discrimination or retaliation within 180 days of the employee s filing the charge with the FCHR and/or the EEOC, the employee may proceed with filing a complaint in the appropriate court. c. If the FCHR issues a finding of cause within the 180-day time period, the employee has the option of filing a civil action within one year of the determination or requesting an administrative hearing within 35 days of the determination. d. If the FCHR issues a finding of no cause within the 180-day time period, the employee is prohibited by statute from filing a complaint in court, but may request an administrative hearing challenging the FCHR s no cause finding within 35 days of the determination. e. If the FCHR makes a reasonable cause determination after 180 days but before an individual files suit, the individual still has the benefit of the four-year statute of limitations. Joshua v. City of Gainesville, 768 So.2d 432 (Fla. 2000). The same is true if the FCHR makes a finding of no reasonable cause after expiration of 180 days, but before the individual has filed a civil action. See Woodham v. Blue Cross & Blue Shield, 829 So.2d 891 (Fla. 2002). Unfortunately, the statutes and the case law do not specify from when the four years runs, so be careful if this particular question arises. C. HILLSBOROUGH COUNTY, FLORIDA ORDINANCES CH. 30, 19, et seq. 1. Covered Employers: a. Employer includes any person employing five or more full-time employees working 30 or more hours per week, or who has more than 15 or more employees irrespective of the number of hours worked per week in each of 13 or more calendar weeks in the current or preceding calendar year and any agent of such person. Employer does not include the United States or a corporation wholly owned by the government of the United States; an Indian Tribe; a bona fide private membership club; or the state of Florida. b. Employment Agency is any person, or their agent, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer. Page 13

15 c. Labor Organization is: Any organization of any kind which exists, in whole or in part, for the purpose of collective bargaining or to deal with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or Any conference, general committee, joint or system board, or joint council which is subordinate to a national or international labor organization; or Any agent of a labor organization. 2. Prohibits discrimination based on: Race; Color; Religion; National origin; Sex; Age; Marital status; Disability (including the failure to accommodate); Sexual harassment; and Retaliation. 3. Administrative Exhaustion: a. The employee must file a complaint with the County Administrator within 180 days of the alleged discriminatory practice. b. The County Administrator will conduct an investigation, and if he determines that there is no reasonable cause to believe a violation of the ordinance exists, the complaint shall be dismissed. c. If the County Administrator finds that reasonable cause does exist, a hearing will be held in front of the Division of Administrative Hearings ( DOAH ). 4. Remedies: If the DOAH officer finds an employer violated this ordinance, the DOAH officer shall issue an appropriate recommended order prohibiting the practice and providing affirmative relief from the effects of the practice. This includes but is not limited to an employee s recovery of back pay, and may further allow the prevailing party its reasonable attorneys fees. Page 14

16 VI. CITY OF TAMPA HUMAN RIGHTS ORDINANCE, CHAPTER Covered Employers: a. Employer includes any person employing five or more full-time employees working 30 or more hours per week, or who has more than 15 or more employees irrespective of the number of hours worked per week in each of 13 or more calendar weeks in the current or preceding calendar year and any agent of such person. Employer includes the City of Tampa. b. Employment Agency is any person, or their agent, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer. c. Labor Organization means: Any organization of any kind, any agency, or employee representation committee, group, association or plan, representing employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or Any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization; or Any agent of a labor organization. 2. Prohibits Discrimination based on: Race; Color; Religion; National origin; Sex; Sexual orientation; Gender identity or expression; Age; Disability; Familial status or marital status; and Retaliation. 3. The ordinance adopts the regulations on the ADA with respect to employment, including but not limited to unlawful practices, the rules on medical examinations and inquiries, etcetera. Page 15

17 4. Administrative Exhaustion: a. The employee must file a complaint with the administrator within 180 days of the alleged discriminatory practice. b. The administrator will conduct an investigation, and if he determines that there is no reasonable cause to believe a violation of the ordinance exists, the complaint shall be dismissed. If the administrator finds reasonable cause and there is no conciliation of the complaint, an aggrieved person may bring a civil action against the employer in any court of competent jurisdiction. The aggrieved person will have 90 days from receipt of the notice of right to sue from the administrator to file a complaint in court. If a court finds that the employer intentionally engaged in discrimination or other unlawful practice, the court may enjoin the employer from further engaging in the unlawful practice and take such other affirmative action as may be appropriate, including but not limited to awarding reasonable attorneys fees and cost. VII. WORKER S COMPENSATION RETALIATION FLORIDA STATUTE A. COVERED ENTITIES: 1. Employer means the state and all political subdivisions thereof, all public and quasi-public corporations, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. Fla. Stat (16)(a). 2. Employee is defined as any person engaged in any employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes but is not limited to, aliens and minors. Fla. Stat (14)(b) and (d). a. Per Fla. Stat (14)(d), employee does not include: An independent contractor; Realtors or real estate sales agents compensated solely by commission; Certain bands, orchestras, and musical and theater performers; Certain owner-operators of motor vehicles; Certain casual workers; Certain volunteers; Certain officers of construction companies; Certain taxicabs, limousine or other passenger for hire operators; and Page 16

18 Certain sports officials. B. PROHIBITS: 1. No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee s valid claim for compensation or attempt to claim compensation under the Workers Compensation law. Fla. Stat Prohibits a retaliatory working environment even where there is no discharge. See Chase v. Walgreen Co., 750 So.2d 93 (Fla. 5th DCA 1999). 3. It is also unlawful for an employer to retaliate against an employee because he filed a valid claim against a previous employer. See Bruner v. GC-GW, Inc., 880 So.2d 1244 (Fla. 1st DCA 2004). C. PROTECTED CONDUCT: Prohibits retaliation against an employee for filing a valid claim for benefits against an employer. Valid claims are those that are meritorious even if the employee is denied benefits or if it is not compensable. See Smalbien v. Volusia County School Board, 801 So.2d 169 (Fla. 5th DCA 2001). D. STATUTE OF LIMITATIONS: Four years from when the employee knew or should have known of the retaliatory event. Scott v. Otis Elevator Co., 524 So.2d 642, 643 (Fla. 1988). E. ADMINISTRATIVE EXHAUSTION: 1. None. 2. Employee may file directly in state court. 3. Retaliation claims are typically not removable to federal court. 28 U.S.C. 1445(c); Alansari v. Tropic Star Seafood Inc., 388 Fed. Appx. 902 (11th Cir. Fla. 2010) (unpublished) (workers compensation retaliation claims are not removable to district courts). F. REMEDIES: 1. Back pay. 2. Future lost wages. 3. Emotional distress damages. McIntyre v. Delhaize Am., Inc., 2009 U.S. Dist. LEXIS 6887 (M.D. Fla. Jan. 22, 2009) citing Scott v. Otis Elevator Co., 572 So.2d 902 (Fla. 1990). Page 17

19 4. Punitive damages. See Rease v. Anheuser-Busch, Inc., 644 So.2d 1383 (Fla. 1st DCA 1994). 5. Attorneys fees and costs are likely unavailable. See Faison v. Edwards, 2011 U.S. Dist. LEXIS 1972 (M.D. Fla. Jan. 5, 2011) (not allowing recovery of attorneys fees under Fla. Stat ). 6. Right to jury trial. See Flores v. Roof Tile Admin. Inc., 887 So.2d 360 (Fla. 3d DCA 2004); see also Scott, 572 So.2d 902. VIII. FLORIDA PRIVATE WHISTLEBLOWER S ACT, FLORIDA STATUTE , et seq. A. COVERED PERSONS: 1. Employer means any private individual, firm, partnership, institution, corporation, or association that employs 10 or more persons. 2. Employee means a person who performs services for an employer for wages or other remuneration but does not include an independent contractor. B. PROTECTS: An employee who objected to or refused to participate in any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. C. STATUTE OF LIMITATIONS: 1. Two years after discovering that the alleged retaliatory personnel action was taken; or 2. Within four years after the personnel action was taken, whichever is earlier. D. ADMINISTRATIVE EXHAUSTION: 1. None. 2. Employee may file a complaint in court. E. REMEDIES: 1. The court MAY order: a. An injunction restraining continued violation of the act. b. Reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position. c. Reinstatement of full fringe benefits and seniority rights. Page 18

20 d. Compensation for lost wages, benefits, and other remuneration. e. Any other compensatory damages allowable at law. f. A court may award reasonable attorneys fees, court costs, and expenses to the prevailing party (which means the employee could have to pay the employer s attorneys fees if he does not prevail). IX. FAMILY AND MEDICAL LEAVE ACT of 1993, 29 U.S.C. 2601, et seq. ( FMLA ) A. COVERED PERSONS: 1. Covered Employers: Private sector employer, including successor in interests, engaged in commerce or in any industry or activity affecting commerce, which employs 50 or more employees in 20 or more calendar work weeks in the current or preceding year. Public agency, including but not limited to the federal government, state and local agencies, their political subdivisions and local education agencies. o However, states enjoy sovereign immunity under the Eleventh Amendment for FMLA violations when the FMLA leave is for self-care. 2. Eligible Employees: To be an eligible employee, employees must meet all of the following: The employee worked for a covered employee as outlined above; The employee has worked for the covered employer for more than 12 months (the 12 months of employment do not need to be consecutive if the break in service is no more than seven years or where the break in service is covered by the Uniformed Services Employment and Reemployment Rights Act); The employee worked at least 1,250 hours during the 12 months immediately preceding the leave; and The employee works at a job site where the employer has at least 50 employees within a 75-mile radius. B. LEAVE ENTITLEMENT: 1. Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave in the following circumstances: Page 19

THE LAW. Equal Employment Opportunity is

THE LAW. Equal Employment Opportunity is Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees

More information

GENERAL PRACTITIONERS BEWARE! EMPLOYMENT CLAIMS YOU SHOULD KNOW ABOUT

GENERAL PRACTITIONERS BEWARE! EMPLOYMENT CLAIMS YOU SHOULD KNOW ABOUT GENERAL PRACTITIONERS BEWARE! EMPLOYMENT CLAIMS YOU SHOULD KNOW ABOUT by Joshua R. Kersey, Esquire Co-Author Plant City Bar Association Continuing Legal Education Luncheon November 2011 Available Courtesy

More information

The Board provides family and medical leave for eligible staff members under the following circumstances:

The Board provides family and medical leave for eligible staff members under the following circumstances: 3430.01 - FAMILY & MEDICAL LEAVE OF ABSENCE ("FMLA") Introduction In accordance with Federal and State law, the Board of Education will provide family and medical leave to professional staff. The Board's

More information

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT By: Benjamin D. Briggs Anna C. Curry TROUTMAN SANDERS LLP 600 Peachtree Street NE Bank of America Plaza, Suite 5200 Atlanta, Georgia

More information

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal

More information

Employment Law Disclosures

Employment Law Disclosures Employment Law Disclosures This document summarizes various federal and state employment law notifications that are required to be made to employees and/or applicants for employment. Federal Equal Employment

More information

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS I. PROTECTED CATEGORIES Protected Classes 42 USC 2000e-2(a)-(c) Prohibits discrimination based on race, color, religion, sex or national

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE EEOC S LAWS and UNLAWFUL DISCRIMINATION Presented by Eddie Mary Daniel Abdulhaqq Program Analyst/Small Business Liaison U.S. EQUAL EMPLOYMENT OPPORTUNITY

More information

STATE OF DELAWARE Office of Management and Budget, Human Resource Management

STATE OF DELAWARE Office of Management and Budget, Human Resource Management STATE OF DELAWARE Office of Management and Budget, Human Resource Management Guidelines on Equal Employment Opportunity (EEO) and Affirmative Action (AA) Introduction These guidelines are written to help

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees

More information

Caregiver Discrimination. by Patti J. Skoglund

Caregiver Discrimination. by Patti J. Skoglund : by Patti J. Skoglund pskoglund@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New

More information

FREQUENTLY ASKED QUESTIONS CONCERNING FMLA FOR EXECUTIVE BRANCH EMPLOYEES

FREQUENTLY ASKED QUESTIONS CONCERNING FMLA FOR EXECUTIVE BRANCH EMPLOYEES FREQUENTLY ASKED QUESTIONS CONCERNING FMLA FOR EXECUTIVE BRANCH EMPLOYEES 1. What is the FMLA?... 2 2. Am I entitled to FMLA leave?... 2 3. When can FMLA leave be used?... 3 4. Who is considered a "family

More information

Conditional Family Leave Notification

Conditional Family Leave Notification Conditional Family Leave Notification Department of Administration It is State of Alaska policy to invoke family leave for all qualifying conditions. The supervisor or designee is responsible for initially

More information

Understanding FMLA Employee/Employer Rights and Responsibilities

Understanding FMLA Employee/Employer Rights and Responsibilities Understanding FMLA Employee/Employer Rights and Responsibilities By George W. Ports III, SPHR Introduction The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to take up to 12 or

More information

EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT

EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT ENDORSEMENT NO: This endorsement, effective 12:01 am, policy number forms part of issued to: by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT

More information

U. S. Department of Labor Employment Standards Administration Wage and Hour Division

U. S. Department of Labor Employment Standards Administration Wage and Hour Division FMLA/CFRA MED-CERT Certification of Health Care Provider APPENDIX C U. S. Department of Labor Employment Standards Administration Wage and Hour Division (Family and Medical Leave Act of 1993) 1. Employee

More information

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA August 25, 2015 THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA Laurie Goetz Kemp Kightlinger & Gray, LLP 3620 Blackiston Blvd., Suite 200 New Albany, IN 47150 812-949-2300

More information

FAMILY CARE LEAVE OF ABSENCE REQUEST FORM

FAMILY CARE LEAVE OF ABSENCE REQUEST FORM FAMILY CARE LEAVE OF ABSENCE REQUEST FORM Section 1: For completion by the Employee The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support

More information

EMPLOYMENT LAW SUMMARY

EMPLOYMENT LAW SUMMARY EMPLOYMENT LAW SUMMARY Federal and State Laws Christina M. Rogers-Spang crogers-spang@rawle.com 856.797.8926 Pennsylvania, New Jersey and New York www.rawle.com PHILADELPHIA HARRISBURG PITTSBURGH NEW YORK

More information

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY Purpose To define policy pursuant to the federal Family and Medical Leave Act for employees of Olympus Corporation of the Americas ( OCA ), Olympus America Inc.

More information

FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS 1/09 FREQUENTLY ASKED QUESTIONS 1. Which employees are eligible for an FMLA qualifying leave? An "eligible employee" is a State employee who: a) Has been employed by the State for at least 12 months, and

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible

More information

Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act

Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act The following are answers to commonly asked questions about the new Family and Medical Leave Act (FMLA) regulations.

More information

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Presented by: Mark A. Baugh mbaugh@bakerdonelson.com Workers Comp/FMLA/ADAAA Roadmap Basic Statutory

More information

5 Discrimination Based on Disability

5 Discrimination Based on Disability 5 Discrimination Based on Disability I. Overview 5.1 Darcie R. Brault Allyson A. Miller II. The Americans with Disabilities Act of 1990 (ADA) A. The Purpose of the ADA 5.2 B. Who Must Comply with the ADA

More information

MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies

MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies Patrick J. Harvey harveyp@ballardspahr.com Ballard Spahr LLP 215.864.8240 Erin K. Clarke clarkee@ballardspahr.com

More information

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible

More information

Executive Director, 60L-34 Florida Administrative Code, Federal Family Medical Leave Act

Executive Director, 60L-34 Florida Administrative Code, Federal Family Medical Leave Act SECTION: 6.48 SUBJECT: AUTHORITY: Family Medical Leave Act Executive Director, 60L-34 Florida Administrative Code, Federal Family Medical Leave Act Policy: Each employee and supervisor is expected to understand

More information

Interaction of ADA, FMLA & Workers Compensation

Interaction of ADA, FMLA & Workers Compensation Interaction of ADA, FMLA & The relationship between ADA, FMLA and Workers Compensation If an employee is a qualified individual with a disability within the meaning of the ADA, the employer must make reasonable

More information

Employment At-Will and Employment Law Litigation

Employment At-Will and Employment Law Litigation Employment At-Will and Employment Law Litigation Tara L. Sohlman 900 Jackson Street, Suite 100 Dallas, TX 75202 Email: tara.sohlman@cooperscully.com Phone: 214-712-9563 2016 This paper and/or presentation

More information

Employers Association of New Jersey HR Law Certification Program 1. Employers Association of NJ HR Law Certificate Program.

Employers Association of New Jersey HR Law Certification Program 1. Employers Association of NJ HR Law Certificate Program. Employers Association of NJ HR Law Certificate Program Session Three Laws which must be considered when an employee requests a leave of absence. Job Protection Federal Family and Medical Leave Act - FMLA

More information

Accountability Report Card Summary 2013 Massachusetts

Accountability Report Card Summary 2013 Massachusetts Accountability Report Card Summary 2013 Massachusetts Massachusetts has a relatively good state whistleblower law: Scoring 64 out of a possible 100 points; and Ranking 11 th out of 51 (50 states and the

More information

FAMILY & MEDICAL LEAVE

FAMILY & MEDICAL LEAVE FAMILY & MEDICAL LEAVE Employees may be eligible for an unpaid leave of absence under the federal Family Medical Leave Act ("FMLA"), subject to its eligibility requirements and other terms, conditions

More information

THE INTERRELATIONSHIP BETWEEN THE ADA, THE FMLA, AND WORKERS COMPENSATION

THE INTERRELATIONSHIP BETWEEN THE ADA, THE FMLA, AND WORKERS COMPENSATION THE INTERRELATIONSHIP BETWEEN THE ADA, THE FMLA, AND WORKERS COMPENSATION BY: GORDON R. FISCHER, ESQUIRE BRADSHAW, FOWLER, PROCTOR & FAIRGRAVE, P.C. 801 GRAND, SUITE 3700 DES MOINES, IA 50309-2727 Phone:

More information

Q. Can I use my Short Term Disability (STD) policy concurrent with banked paid time during a FMLA leave?

Q. Can I use my Short Term Disability (STD) policy concurrent with banked paid time during a FMLA leave? Changes to the FMLA Administration Process As of January 1, 2016, Milwaukee County is using a new vendor, FMLASource, to administer FMLA leaves for employees. FMLASource offers new resources and a user

More information

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE PURPOSE: The Family and Medical Leave Act of 1993 (FMLA) allows an eligible employee up to 12 weeks of leave in a 12-month period for a qualifying reason(s).

More information

Policies and Procedures SECTION:

Policies and Procedures SECTION: Family and Medical Leave PAGE 1 OF 6 PURPOSE The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees to allow eligible employees to take up to 12 workweeks of unpaid,

More information

Employees may also be eligible to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period.

Employees may also be eligible to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. State of Ohio Family and Medical Leave (FMLA) Policy BASIC LEAVE ENTITLEMENT The Family and Medical Leave Act (FMLA) allows an eligible state employee to take up to twelve workweeks of leave per rolling

More information

FAMILY MEDICAL LEAVE ACT (FMLA)

FAMILY MEDICAL LEAVE ACT (FMLA) FAMILY MEDICAL LEAVE ACT (FMLA) Policy It is the policy of the Health Science Center to comply with the provisions of the Family and Medical Leave Act of 1993 (FMLA). The FMLA protects an employee s job

More information

Accountability Report Card Summary 2013 New Mexico

Accountability Report Card Summary 2013 New Mexico Accountability Report Card Summary 2013 New Mexico New Mexico has a pretty strong state whistleblower law: Scoring 72 out of a possible 100 points; Ranking 4 th out of 51 (50 states and the District of

More information

If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing.

If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing. EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT

More information

Wendy Musell Stewart & Musell, LLP

Wendy Musell Stewart & Musell, LLP Wendy Musell Stewart & Musell, LLP In 2011, the federal government is the Nation's largest employer with about 2.0 million civilian employees. 600,000 employees approximately in the US Postal Service Laws

More information

Anti-discrimination Laws: Utah

Anti-discrimination Laws: Utah CHRISTINA M. JEPSON, PARSONS, BEHLE & LATIMER, WITH PRACTICAL LAW LABOR & EMPLOYMENT A Q&A guide to state anti-discrimination law for private employers in Utah. This Q&A addresses Utah laws prohibiting

More information

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN by Lee Hornberger This article discusses the Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101, et seq; MSA 3.550(101), et seq, as it

More information

SUL ROSS STATE UNIVERSITY A Member of the Texas State University System

SUL ROSS STATE UNIVERSITY A Member of the Texas State University System RETURN TO WORK POLICY APM 5.12 (Revised 5/2012) It is the policy of Sul Ross State University to provide a return to work program as the means to return employees to meaningful, productive employment following

More information

a) The employee s eligibility is determined from the date leave begins. b) Military time is credited as if the employee would have been working.

a) The employee s eligibility is determined from the date leave begins. b) Military time is credited as if the employee would have been working. I. Family Medical Leave Act (FMLA) A. Covered Employees 1. All employees, including seasonal, who have been employed for at least 52 weeks with the City and who have worked at least 1,250 hours in the

More information

Disability Discrimination in the Workplace

Disability Discrimination in the Workplace By: Nathan Davidovich Copyright (c) May 2014 Disability Discrimination in the Workplace Despite increased sensitivity to physical and mental disabilities, many of America's workers find themselves to be

More information

FMLA Eligibility Requirements

FMLA Eligibility Requirements FMLA Eligibility Requirements ELIGIBLE EMPLOYEES An employee who has been employed by the company for 12 months / 52 weeks as of the date the leave commences. During the preceding 12 months / 52 weeks

More information

THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS

THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS Primary purpose of. Conditions triggering coverage THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS To balance the competing obligations of the workplace and family. Provides unpaid leave to an employee

More information

Family and Medical Leave Policy (FMLA) Updated May 2015

Family and Medical Leave Policy (FMLA) Updated May 2015 Family and Medical Leave Policy (FMLA) Updated May 2015 Babson College complies with the Family and Medical Leave Act of 1993 (FMLA), as amended by the National Defense Authorization Act (NDAA) of 2008

More information

Are You in Compliance with the New FMLA Regulations and ADA Amendments?

Are You in Compliance with the New FMLA Regulations and ADA Amendments? Are You in Compliance with the New FMLA Regulations and ADA Amendments? May 2009 CAPLAW Update By R. Allison Ma luf, Esq., CAPLAW With the new Family and Medical Leave Act (FMLA) regulations, effective

More information

FAMILY & MEDICAL LEAVE ACT (FMLA) Department of State Civil Service HR Program Assistance Division 225 342 8274 Date: April 6 and April 11, 2011

FAMILY & MEDICAL LEAVE ACT (FMLA) Department of State Civil Service HR Program Assistance Division 225 342 8274 Date: April 6 and April 11, 2011 FAMILY & MEDICAL LEAVE ACT (FMLA) Department of State Civil Service HR Program Assistance Division 225 342 8274 Date: April 6 and April 11, 2011 1 INTRODUCTION PURPOSE The purpose of this presentation

More information

Family and Medical Leave Act/California Family Rights Act

Family and Medical Leave Act/California Family Rights Act Family and Medical Leave Act/California Family Rights Act The Family and Medical Leave Act and California Family Rights Act ( FMLA / CFRA ) provide eligible employees the opportunity to take unpaid, job-protected

More information

SEPARATION AGREEMENT AND GENERAL RELEASE. into by and between ( Employee ) and ( the

SEPARATION AGREEMENT AND GENERAL RELEASE. into by and between ( Employee ) and ( the SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release ( this Agreement ) is made and entered into by and between ( Employee ) and ( the Agency ) (collectively, the Parties

More information

Anti-discrimination Laws: North Carolina

Anti-discrimination Laws: North Carolina View the online version at http://us.practicallaw.com/w-000-2332 Anti-discrimination Laws: North Carolina J. TRAVIS HOCKADAY, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, LLP, WITH PRACTICAL

More information

Human Resource Policy Manual

Human Resource Policy Manual HS/EHS Policy Council Approval: 3-23-11 Page 1 of 5 1.0 Family and Medical Leave Act (FMLA) Policy Statement It is the policy of TMC, to comply with the Family and Medical Leave Act (FMLA), which entitles

More information

Administrative Bulletin

Administrative Bulletin STATE OF CALIFORNIA DEPARTMENT OF JUSTICE DATE: 1/27/2015 NO. 15-03 EXPIRES: Indefinite DISTRIBUTION: A - MANAGEMENT Administrative Bulletin x B - MGMT& SUPERVISORY C - ALL EMPLOYEES SUBJECT Equal Employment

More information

CHAPTER 14-02.4 HUMAN RIGHTS

CHAPTER 14-02.4 HUMAN RIGHTS CHAPTER 14-02.4 HUMAN RIGHTS 14-02.4-01. State policy against discrimination. It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age,

More information

WINTHROP UNIVERSITY FAMILY AND MEDICAL LEAVE ACT

WINTHROP UNIVERSITY FAMILY AND MEDICAL LEAVE ACT WINTHROP UNIVERSITY FAMILY AND MEDICAL LEAVE ACT THIS DOCUMENT IS NOT A CONTRACT BETWEEN EMPLOYEES AND WINTHROP UNIVERSITY, EITHER EXPRESSED OR IMPLIED. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS

More information

FMLA: Certification of Health Care Provider for Employee s Serious Health Condition

FMLA: Certification of Health Care Provider for Employee s Serious Health Condition FMLA: Certification of Health Care Provider for Employee s Serious Health Condition Route this form to: Supervisor/responsible administrator U Wide Form: UM 1515 Rev: Mar 2009 NOTE: Failure to fully complete

More information

ON THE JOB. Employment

ON THE JOB. Employment ON THE JOB Employment In order to work in the United States, you must have a social security number, as required by the federal Social Security Act. If you do not have a social security number, you have

More information

August 2007 Education and Membership Development Department

August 2007 Education and Membership Development Department August 2007 Education and Membership Development Department Table of Contents Title VII of the Civil Rights Act of 1964 3 What is Sexual Harassment? 3 4 How Can Sexual Harassment Occur? 4 5 When is an

More information

Case 3:10-cv-04126-JAP -DEA Document 1 Filed 08/11/10 Page 1 of 6 PageID: 1

Case 3:10-cv-04126-JAP -DEA Document 1 Filed 08/11/10 Page 1 of 6 PageID: 1 Case 310-cv-04126-JAP -DEA Document 1 Filed 08/11/10 Page 1 of 6 PageID 1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Newark Area Office One Newark Center, 21st Floor Newark, N.J. 07102 Rosemary DiSavino,

More information

STATE OF MARYLAND JUDICIARY Policy on Equal Employment Opportunity and Harassment

STATE OF MARYLAND JUDICIARY Policy on Equal Employment Opportunity and Harassment Effective date of issue: September 2011 Page 1 of 10 STATE OF MARYLAND JUDICIARY I. PURPOSE The purpose of this policy is to ensure compliance with all applicable federal, state, and local laws and regulations

More information

Insurance Discrimination

Insurance Discrimination Insurance Discrimination Michael Bachhuber, Attorney Wisconsin Coalition for Advocacy Fair or unfair discrimination Introduction Insurance discrimination is a bit different conceptually from other forms

More information

FAQ: FAMILY & MEDICAL LEAVE

FAQ: FAMILY & MEDICAL LEAVE OPPORTUNITY ACCESS CHOICE FAQ: FAMILY & MEDICAL LEAVE What is the Family & Medical Leave Act (FMLA)? FMLA addresses permanent and temporary illness, injury or disability experienced not just by you, but

More information

THE LAW. Equal Employment Opportunity is

THE LAW. Equal Employment Opportunity is Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

BEST PRACTICES IN EMPLOYMENT LAW

BEST PRACTICES IN EMPLOYMENT LAW BEST PRACTICES IN EMPLOYMENT LAW I. State and Federal Employment Laws Every Company Must Know To recognize and utilize the best practices in employment law, you first must know and understand the applicable

More information

Basic Provisions/Requirements

Basic Provisions/Requirements Basic Provisions/Requirements The FMLA entitles eligible employees of covered employers to take job-protected, unpaid leave for specified family and medical reasons. Eligible employees are entitled to:

More information

OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA) OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA) Oklahoma City University provides leaves of absence under the Family and Medical Leave Act of 1993, as amended, to eligible regular

More information

The Federal EEO Process

The Federal EEO Process The Federal EEO Process LULAC National Convention and Exposition Cincinnati, Ohio June 27- July 2, 2011 Overview of EEO Laws Identifying Discrimination 1 Laws Enforced by the EEOC Title VII of the Civil

More information

WHAT YOU NEED TO KNOW ABOUT. EEO Publication 133 October 2012

WHAT YOU NEED TO KNOW ABOUT. EEO Publication 133 October 2012 WHAT YOU NEED TO KNOW ABOUT EEO Publication 133 October 2012 WHAT YOU NEED TO KNOW ABOUT EEO Publication 133 October 2012 Contents Introduction 3 EEO Laws 4 Administrative Process for Complaints of Illegal

More information

NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHISTLEBLOWER POLICY

NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHISTLEBLOWER POLICY NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHISTLEBLOWER POLICY This Policy is adopted pursuant to the provisions of the Public Authorities Accountability Act of 2005 and the Public Authorities Reform

More information

ERISA Causes of Action *

ERISA Causes of Action * 1 ERISA Causes of Action * ERISA authorizes a variety of causes of action to remedy violations of the statute, to enforce the terms of a benefit plan, or to provide other relief to a plan, its participants

More information

Family and Medical Leave General FMLA Q & A

Family and Medical Leave General FMLA Q & A Q1: What is the Family and Medical Leave Act (FMLA)? A: The Family and Medical Leave Act of 1993 is a federal law that provides covered employees with the right to an unpaid leave of absence for up to

More information

Case4:13-cv-05715-DMR Document1 Filed12/11/13 Page1 of 5

Case4:13-cv-05715-DMR Document1 Filed12/11/13 Page1 of 5 Case:-cv-0-DMR Document Filed// Page of WILLIAM R. TAMAYO, SBN 0 (CA) MARCIA L. MITCHELL, SBN (WA) DERA A. SMITH, SBN (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phillip Burton Federal Building 0

More information

WISCONSIN EMPLOYMENT LAW

WISCONSIN EMPLOYMENT LAW WISCONSIN EMPLOYMENT LAW An Employer's Guide to Legal Proceedings SKINNER AND ASSOCIATES LAW OFFICES Welcome Thank you for considering Skinner and Associates to represent your interests. Your satisfaction

More information

UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 4/6/04 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM

UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 4/6/04 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM I. PURPOSE This Directive establishes policy, procedures and responsibilities

More information

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Procopio s Annual Labor and Employment Seminar 11.17.14 Wendy L. Tucker, Senior Counsel One of the Most Challenging Areas in

More information

Family Medical Leave Act (FMLA) Employee Packet. FMLA Introduction and Qualifications. Employee Request Form. Medical Certification Form

Family Medical Leave Act (FMLA) Employee Packet. FMLA Introduction and Qualifications. Employee Request Form. Medical Certification Form Family Medical Leave Act (FMLA) Employee Packet FMLA Introduction and Qualifications Employee Request Form Medical Certification Form Employee Rights and Responsibilities Family Medical Leave Act (FMLA)

More information

What Supervisors Need to Know about Discrimination Reference Guide. Office of Human Resources Consulting Services 433 Archer House 292-2800

What Supervisors Need to Know about Discrimination Reference Guide. Office of Human Resources Consulting Services 433 Archer House 292-2800 What Supervisors Need to Know about Discrimination Reference Guide Office of Human Resources Consulting Services 433 Archer House 292-2800 Workshop Objectives Workshop participants will be able to: Define

More information

LEAVE LAWS & DISABILITY DISCRIMINATION

LEAVE LAWS & DISABILITY DISCRIMINATION LEAVE LAWS & DISABILITY DISCRIMINATION Presented by The Department of Fair Employment & Housing, an Agency of the State of California Leave Laws & Disability Laws that May Apply n n Leave Laws n Kin Care

More information

Quick and Easy Guide to Labor and Employment Law. Provided by Baker Donelson

Quick and Easy Guide to Labor and Employment Law. Provided by Baker Donelson Quick and Easy Guide to Labor and Employment Law Provided by Baker Donelson Disclaimer: These materials do not constitute legal advice and should not be substituted for the advice of legal counsel. At-Will

More information

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal advice for any particular case involving or potentially involving

More information

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

PREGNANCY AND PARENTAL LEAVE FOR HIGHER EDUCATION EMPLOYEES: Questions and Answers

PREGNANCY AND PARENTAL LEAVE FOR HIGHER EDUCATION EMPLOYEES: Questions and Answers PREGNANCY AND PARENTAL LEAVE FOR HIGHER EDUCATION EMPLOYEES: Questions and Answers Introduction Judith Neumann, MTA Attorney August 2002 If you are working and pregnant or planning a family, you need to

More information

EEO 101 The Basic Theories of Employment Discrimination

EEO 101 The Basic Theories of Employment Discrimination EEO 101 The Basic Theories of Employment Discrimination An overview of the anti-discrimination statutes enforced by the EEOC An introduction to the theories under which claims of discrimination can be

More information

What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws

What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws Most roofing contractors have faced the decision whether to terminate

More information

FAMILY MEDICAL LEAVE ACT FAQS Updated November 2013

FAMILY MEDICAL LEAVE ACT FAQS Updated November 2013 FAMILY MEDICAL LEAVE ACT FAQS Updated November 2013 Protections Q: What protections does the FMLA provide? A: Up to 12 weeks job protection in a 12 month period and maintains insurance. Q: Do I get to

More information

THE FAMILY AND MEDICAL LEAVE ACT-

THE FAMILY AND MEDICAL LEAVE ACT- THE FAMILY AND MEDICAL LEAVE ACT- THE MOST MISUNDERSTOOD EMPLOYMENT LAW by GREGG L. SMITH ATTORNEY AT LAW Presented at the SOUTHEASTERN ASSOCIATION OF SCHOOL BUSINESS OFFICIALS INTERNET CONFERENCE February

More information

Family and Medical Leave

Family and Medical Leave Family and Medical Leave Application: All positions covered under the Virginia Personnel Act to include full-time and part-time classified, restricted employees, and eligible wage employees. Background

More information

Retaliation and Whistleblower Claims

Retaliation and Whistleblower Claims Retaliation and Whistleblower Claims 2012 Labor and Employment Relations Law Seminar Thomas W. Scrivner TWScrivner@michaelbest.com This presentation is intended for general information purposes only and

More information

BUSINESS SERVICES FAMILY AND MEDICAL LEAVE CHAPTER 2 Board of Trustees Approval: 8/8/12 POLICY 4.13 Page 1 of 1

BUSINESS SERVICES FAMILY AND MEDICAL LEAVE CHAPTER 2 Board of Trustees Approval: 8/8/12 POLICY 4.13 Page 1 of 1 CHAPTER 2 Board of Trustees Approval: 8/8/12 POLICY 4.13 Page 1 of 1 I. POLICY Salt Lake Community College will provide employee leave in accordance with the Family and Medical Leave Act of 1993. Provisions

More information

OSOS BUSINESS RULES AND DEFINITIONS REFERENCE GUIDE

OSOS BUSINESS RULES AND DEFINITIONS REFERENCE GUIDE POLICIES RELATED TO JOB ORDERS Federal minimum wage - The Federal minimum wage is $7.25 per hour with health insurance benefits provided by employer and received by employee; minimum wage is $8.25 per

More information

Guiding an Employer through the FMLA Leave Process

Guiding an Employer through the FMLA Leave Process Guiding an Employer through the FMLA Leave Process You represent a growing private employer one that has just hired its 50 th employee. Now your growing client is seeking your guidance on complying with

More information

DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL

DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL Personnel Directive Subject: PROCEDURE FOR PREVENTING AND/OR RESOLVING PROBLEMS RELATED TO SEXUAL HARASSMENT ADOPTED BY THE BOARD OF PUBLIC WORKS, CITY OF LOS

More information

Accountability Report Card Summary 2013 Pennsylvania

Accountability Report Card Summary 2013 Pennsylvania Accountability Report Card Summary 2013 Pennsylvania Pennsylvania has a passable state whistleblower law: Scoring 61 out of a possible 100; Ranking 17 th out of 51 (50 states and the District of Columbia).

More information