Posts tagged employment law

An employer is prohibited from terminating, demoting, harassing, or otherwise “retaliating” against an employee for engaging in a protected activity, such as reporting discrimination. The laws prohibiting discrimination based on race, color, sex, religion, national origin, age, disability, and genetic information also prohibit retaliation.

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Nursing Mothers in the Workplace

The Fair Labor Standards Act (“FLSA”) requires employers to provide reasonable accommodations to breastfeeding mothers. Section 7 of the FLSA requires employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” 29 U.S.C. 207(r)(1)(A).

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Sexual Harassment Leading to Intentional Infliction of Emotional Distress in the Workplace

When an employee experiences severe emotional distress as a result of sexual harassment, the employee may have a claim of intentional infliction of emotional distress (“IIED”). Sexual harassment is a claim under Title VII of the Civil Rights Act of 1964. Sexual harassment can take two forms: hostile environment or quid pro quo. Fuller v. City of Oakland, stated a plaintiff claiming sexual harassment resulting in a hostile environment must prove:

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