Blog - ERISA and Disability Rights and Benefits - Alabama - The Martin Law Group, LLC

In the fairly recent case, Smith v. DeJoy, No. 4:23-cv-00593-RDP, 2024 U.S. Dist. LEXIS 227911, at *39-42 (N.D. Ala. Dec. 17, 2024), the court outlined the necessity of following the administrative procedures required of Federal employees making Title VII claims, and also discussed the elements that must be met for a good case. The added requirements of exhaustion are similar to the effort to inform a human resources department or other management of the issues and provide an effort to seek a resolution.

Can the Military Discriminate? Intuitively, one would assume that the military cannot discriminate if a private employer could not under 42 U.S.C. § 2000e-2 (Title VII).  However, the definition of an employer at 42 U.S.C. § 2000e (b) does not apply as it excludes the United States. Another prov...

Our last post discussed whether an employer providing false information caused an actionable claim under state law. An example was provided where it was actionable. However, if federal law applies can a claim arise? 

Many potential clients (PCs) strongly believe that because of pregnancy and adverse action taken against her necessarily means she has a good case. She may well doubt your resolve.  A good checklist can help sift this. So what exactly makes a good pregnancy discrimination case? There are a number of hoops to jump through in order to demonstrate a good case that will survive a motion for summary judgment.  This provide a checklist and starting point in your PC interview. If you have thoughts to add to this by all means please share!

Recent changes in the law relating to pregnancy were tucked away in the $1.7 trillion package recently passed and made law. The Pregnant Workers Fairness Act is in the package. It tracks the Americans with Disabilities Act (ADA) and adds protections for pregnant applicants and employees. This applies to employers with 15 or more employees. It requires reasonable accommodations for known limitations arising out of pregnancy, childbirth, or related medical conditions. It also adds the “interactive process” to assist in determining those accommodations. That “interactive process” means that employers and employees with pregnancy related disabilities, who request accommodations, must work together to come up with accommodations. To invoke the act, the employee must give notice to an employer of 50 or more of non-compliance, and that triggers 10 days to comply. Failure to comply may again open up a claim against the employer.