Seventh Circuit Rules That Discouraging An Employee From Taking FMLA Leave Is Actionable

Courts have routinely found that interference claims under the Family and Medical Leave Act (“FMLA”) encompass acts beyond that of a traditional discrimination/retaliation claim that requires an adverse employment action (termination, demotion, suspension, etc.). Last week, the United States Court of Appeals for the Seventh Read More …

EEOC v. Kohl’s – How Employees Should Not Act During the Interactive Process

Pamela Manning was working at a sales associate for Kohl’s Department Stores, Inc. in January 2010 at which time Kohl’s underwent a nationwide restructuring that resulted in her schedule changing from predicable shifts to unpredictable shifts, such as “swing shifts” where she would close the Read More …

Hiring of Replacement Is Adverse Employment Action for FMLA Purposes

In Budhun v. Reading Hospital and Medical Center, one of the issues before the United States Court of Appeals for the Third Circuit was whether Ms. Budhun suffered an adverse employment action. This is an oft-litigated issue in Family and Medical Leave Act cases as Read More …

Five Common Situations Where the FMLA Does Not Apply

Employers and employees alike often don’t understand when the FMLA does, or does not apply. Here are five common situations I’ve encountered where the FMLA dose not apply. Funerals – I’ve spoken with numerous individuals who are upset that their employer would not allow them Read More …