Answers Posted By Annette Newman

Answer to I am a medical provider who signed one of my patient's FLMA paperwork which was approved by her employer. She has notified now her employer is harassing her during her medical leave and asking her to agree to a demotion today or negative disciplinary info

This employee should speak to an employment law attorney regarding her employer' actions. Interference with FMLA rights is against federal law.

posted Oct 27, 2017 11:54 AM [EST]

Answer to 12 weeks pregnant, cashier, doctor requested no heavy lifting and sit breaks. Job won't accommodate and took me off schedule. What are my options? FL

If you have a qualifying disability recognized by the Americans with Disabilities Act (ADA), and can perform your essential job duties if reasonable accommodations are made (check your job description for a description of your essential duties) your employer must make reasonable accommodations if they are an employer covered by the applicable laws. If your employer makes reasonable accommodations for other employees with disabilities, they must do the same for pregnant workers under the Pregnancy Discrimination Act (PDA). Ask your Human Resources for accommodations under the ADA and PDA in writing, and attach a copy of your doctor's recommendations to your request. If making the requested accommodations does not create an undue hardship for your employer, they must participate in an interactive process to find effective ways to accommodate, such as assigning heavy lifting to other employees and permitting you to take reasonable sit breaks. You should speak to an employment attorney in your area for specific advice so the attorney can review all of the facts and give you legal advice based on those specific facts. For example, an attorney can review your medical records to determine what type of medical condition you have and determine if it is a qualifying disability protected by law. There is also information available on the Equal Employment Opportunity Commission (EEOC) website at EEOC.gov that you can review about the ADA and PDA. Please also be mindful that there are time limits involved, called the Statute of Limitations (SOL) that must be met to protect you. If you do take legal action prior to the SOL period expiring, you will be barred from taking any type of legal action once the time passes, so don't delay seeking legal advice.

posted Jul 4, 2017 06:23 AM [EST]

Answer to Is it discrimination if other people on a 3rd Shift get a shift differential and I don't. I am not black Hispanic or anything else I am a white male mid forties.

You may have an potential Equal Pay discrimination claim if other employees who are paid the shift differential are outside of your gender (i. e., female employees) and they earn more money than you do. You also may have a potential age, and race discrimination claim based on disparate treatment. All races are protected from discrimination, not just minorities. If you are treated differently by your employer, than similarly situated employees outside of your protected class(es) in regard to the terms and conditions of employment, and your employer has no bonifide business reason for the differential treatment, they may be in violation of Title VII, the Florida Civil Rights Law, and/or local county ordinances. Visit the EEOC website at EEOC.gov for more information or speak to a local employment law attorney for specific advice after reviewing all of the facts. Different laws apply depending on a number of factors, including private versus public employees, members of a union, independent contractors versus employees and how many employees work there.

posted May 15, 2017 02:58 AM [EST]

Answer to Unusual case of reversed discrimination or bad management? do i have a case?

Discrimination based on race is not really "reverse discrimination." All races are protected by the civil rights laws against disparate treatment, including Caucasians. The Information you provided is not enough information to determine if you have enough evidence to prevail in a discrimination claim. You should speak to an employment law attorney who can provide legal advice to you after examining all the facts.

posted Dec 21, 2015 6:03 PM [EST]