Posts tagged employment law
Pregnant Workers Fairness Act: What You Need to Know About Your Rights

2024 is a transformative year for pregnant workers, thanks to the implementation of the Pregnant Workers Fairness Act (PWFA). This new law, effective June 18, 2024, expands the protections and accommodations available to pregnant employees, ensuring their rights to fair treatment in the workplace. Whether you're currently pregnant, recovering from childbirth, or dealing with related medical conditions, the PWFA is here to support you by requiring your employer to provide reasonable accommodations, so you can work in a healthy and safe environment.

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Retaliation

An employer is prohibited from terminating, demoting, harassing, or otherwise “retaliating” against an employee for engaging in a protected activity, such as reporting discrimination. The laws prohibiting discrimination based on race, color, sex, religion, national origin, age, disability, and genetic information also prohibit retaliation.

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Nursing Mothers in the Workplace

The Fair Labor Standards Act (“FLSA”) requires employers to provide reasonable accommodations to breastfeeding mothers. Section 7 of the FLSA requires employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” 29 U.S.C. 207(r)(1)(A).

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Sexual Harassment Leading to Intentional Infliction of Emotional Distress in the Workplace

When an employee experiences severe emotional distress as a result of sexual harassment, the employee may have a claim of intentional infliction of emotional distress (“IIED”). Sexual harassment is a claim under Title VII of the Civil Rights Act of 1964. Sexual harassment can take two forms: hostile environment or quid pro quo. Fuller v. City of Oakland, stated a plaintiff claiming sexual harassment resulting in a hostile environment must prove:

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