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The Bernard Law Firm Legal Blog

THE UNITED STATES SUPREME COURT DETERMINED THAT TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 PROHOBITS EMPLOYMENT DISCRIMINATION AGAINST GAY, LESBIAN AND TRANSGENDER EMPLOYEES

The United States Supreme Court held on June 15, 2020 in the case of Bostock v. Clayton Cty., 140 S. Ct. 1731  (2020) that the long standing 1964 Civil Rights Act prohibits discrimination against gay, lesbian and transgender employees, even though this federal law...

The Sixth Circuit Has Recognized Two Distinct Theories for Recovery Under the Family and Medical Leave Act (“FMLA”): An FMLA Entitlement or Interference Theory and an FMLA Discrimination or Retaliation Theory

The Sixth Circuit Court of Appeals has recognized "two distinct theories for recovery under the FMLA: (1) the 'entitlement' or 'interference' theory arising from 29 U.S.C. § 2615(a) (1); and (2) the 'retaliation' or 'discrimination' theory arising from 29 U.S.C. §...

There Are Various Ways to Prove Pregnancy Discrimination, Depending on Whether an Express Statement of a Desire to Terminate an Employee Due to Her Pregnancy Was Made or Not

Title VII prohibits employers from discriminating against any individual because of her pregnancy. The Sixth Circuit Court of Appeals has held an employee can establish a prima facie case of pregnancy discrimination by presenting “direct evidence” of discriminatory...