Tennessee Labor Talk

Category Archives: Leaves of Absence/FMLA Law and Practice

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Texas Court Rules Against EEOC – “Lactation Discrimination” Is Not Unlawful Sex Discrimination But …

By Tim K. Garrett on Posted in Discrimination and Harassment Law and Practice, Doing Business in Tennessee, Leaves of Absence/FMLA Law and Practice

A Cautionary Reminder for Employers A Texas Federal Court recently ruled that terminating an employee because she wanted to pump breast milk at work is not sex discrimination.  The Equal Employment Opportunity Commission sued on behalf of an individual employee who had mentioned her need to pump breast milk at work and soon thereafter was… Continue Reading

Employers Beware – “How” You Do Is Often As Material As “What” You Do

By Tim K. Garrett on Posted in Leaves of Absence/FMLA Law and Practice

A recent ruling reinforces that “how” an employer does what it does often is as important as what it does.  The case appeared relatively straightforward.  An employee missed a work shift and claimed intermittent FMLA leave.  One manager, who had been skeptical about some past intermittent leave use, saw the employee at a birthday party… Continue Reading

ADA Developments – “How Much Leave Is Required?” Is the Wrong Question

By Tim K. Garrett on Posted in Leaves of Absence/FMLA Law and Practice

Based on recent developments, employers wonder how much leave is really required under the ADA.  It seems that employers with even generous policies and practices have run afoul of the EEOC either in individualized cases, or, worse yet, in class claims. Most recently, Verizon Communications Inc. settled for a record $20 million payout based on… Continue Reading

What Do Tennessee’s Family And/Or Medical Leave Laws Require?

By Lymari Cromwell on Posted in Doing Business in Tennessee, Leaves of Absence/FMLA Law and Practice

Tennessee has a maternity/paternity leave law which permits both male and female full-time employees with 12 consecutive months of service to have four months of unpaid leave for adoption, pregnancy, childbirth and nursing a new infant.  In order for an employee to be covered, the employer must have 100 or more employees on the job… Continue Reading