Ladies: Lactate Away at Work!

A recent ruling out of the fifth circuit court of appeals now offers protection to mothers in the workplace who lactate or express milk after pregnancy.  Furthermore, discrimination by an employer who materially alters the terms or conditions of a female employee’s employment constitutes a cause of action for sex discrimination under Title VII of the Civil Rights Act of 1964.  It would also violate the Pregnancy Discrimination Act which amended Title VII by broadening sex discrimination to … [Read more...]

Hotline? What Company Hotline?

If you are employed by a large corporation, you likely attended an orientation program where you were provided numerous materials such as employee handbooks and other corporate policies.  The company may have been transparent about a corporate hotline that an employee may call in the event they are subject to or witness discrimination or violation of ethics policies.  However, many companies are not so motivated to disclose this hotline because they benefit from an employee's failure to engage … [Read more...]

A Victory for Clothing! Being paid while donning and doffing work Uniforms becomes clarified

Only attorneys can argue over the narrow construction of the meaning of "clothes" and "time spent in changing clothes … at the beginning or end of each workday" per (29 U.S.C. § 203(o)) of the Fair Labor Standards Act and if a collective bargaining act so provides.   This matter was addressed in the recent opinion of Sandifer v. United States Steel Corporation on January 27, 2014 where the parties literally distinguished "clothes" with competing publications of dictionaries.  The narrow issue … [Read more...]

Who is my supervisor under the law ?

The Supreme Court this year in the matter of Vance v. Ball State University clarified the ambiguity among the various federal circuits as to the definition of a "supervisor" as applied under Title VII and per EEOC Guidance of the same.  Maetta Vance, an African American woman, filed a lawsuit against her employer, Ball State University claiming a racially hostile work environment by Saundra Davis. Under Title VII, the status of the harasser controls the issue vicarious liability of the … [Read more...]

Are staffing employees protected from discrimination under the law?

In general, an employment agency is defined by Title VII as any person who regularly undertakes to procure employees for an employer, or to procure employment opportunities for an employee; the definition includes an agent of such a person. EEOC Notice Number 915.002 provides public guidance as to issue of whether a staffing employee is protected from discrimination at the workplace that the employee is sent to.  The EEOC clearly holds that “staffing firm workers are generally covered under … [Read more...]

What happens if my spouse is fired for my discrimination charge?

In the course of representing a client whom filed an EEOC charge for sexual harassment in the workplace, she inquired if her husband had any legal rights for potential termination as retaliation against her by the same employer.  I was not immediately familiar with third party claims arising out of title VII of the federal code.  Thompson v. N. Am. Stainless, LP, 131 S.Ct. 863 (2011) answered the question being that a third party may now prosecute an action for retaliation under title VII.  The … [Read more...]

Employees’ non-public postings protected in workplace

Plaintiff Deborah Ehling was a registered nurse and paramedic. Defendant MONOC is a non-profit hospital service corporation  providing emergency medical services to the citizens of  New Jersey.  Plaintiff was hired by MONOC in 2004 as a registered nurse and paramedic.  Plaintiff's claims in this case arose out of an incident involving Plaintiff's Facebook account where in she was disciplined for posting commentary that a particular person involved in a shooting should have allowed to die on the … [Read more...]

Can my employer test me for pregnancy?

Title VII defines "sex" to include pregnancy and childbirth as a form of sex discrimination.  Testing women for pregnancy or fertility is "sex" discrimination where the testing effectively discourages female or pregnant applicants.  Norman Blood Saw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998).  Regular or pervasive inquiries about whether female employees are pregnant or about a woman's childbearing and child care plans may create a hostile environment for women. Walsh v. … [Read more...]

Am I required to submit to a medical exam for a job?

The Americans with Disabilities Act prohibits three forms of "pre-offer" inquiries: Medical Examinations Inquiries as to whether the individual considers himself to have a disability Questions concerning conditions that might disclose a disability such as medications being taken, records of hospitalization, or claims for insurance or workers compensation. Pursuant to 42 U.S.C.A. 2112(d), these prohibitions apply to all applicants, not just individuals with disabilities.  If you are … [Read more...]

May an employer discriminate in job ads seeking only certain gender or age?

Federal code 42 U.S.C.A. 2000e-3(b) proscribes employers from "printing or publishing or causing to be printed or published any notice or advertisement that indicates a preferece, limitation, specification, or discrimination" of any particular protected class.  For example, advertisements textually or facially soliciting "boys," "girls," "students," or "recent graduates" are suspect. 29 CFR 1625.4 (a)  Employers challenged this and the Supreme Court stated this limitation does not violate the … [Read more...]

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