Protecting And Pursuing Your Rights Against Powerful Interests

Month: December 2021

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

by The Bernard Law Firm | Dec 27, 2021 | FMLA

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

by The Bernard Law Firm | Dec 13, 2021 | Pregnancy Discrimination

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...