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. §...
Protecting And Pursuing Your Rights Against Powerful Interests
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Year: 2021
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...
The Sixth Circuit Court of Appeals’ Recently Reiterated the Elements of a Sexual Harassment Claim
The Sixth Circuit Court of Appeals in Cincinnati, which reviews appeals from decisions made by federal courts in Ohio and neighboring states, including federal courts sitting in Cleveland, Akron, Toledo and Youngstown, reiterated during June 2021 the elements of a...