Equal Pay Act Equal pay for equal work. That’s how it’s supposed to happen but that’s not the reality for most women in the workforce. According to the White House website: • Full-time women workers’ earnings are only about 77 percent of their male counterparts’ earnings. • The pay gap is even greater for African-American […]
Equal Pay Act (EPA) What should you do about getting paid less for the same work? It is old news that women are often paid less than men for similar work. Though this is not an issue that only caregivers face, it certainly affects caregivers, given that the majority of them are women. So, when
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If you are still employed and someone discriminates against you, or if you are pregnant, or if you are disabled—tell human resources in writing (e-mail is fine). Why? Putting your employer on notice of discrimination against you or any condition that is protected under federal statutes (and some state statutes) gives you more leverage. After
The Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) is a powerful tool available in some circumstances to protect caregivers directly (see the prior section on the ADA’s association clause) and to address the effect of caregiving: that is, intense stress and physical manifestations. (Of course, the ADA is also a
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Family and Medical Leave Act (FMLA) The FMLA—for you intrepid souls who want to read it—can be found at 29 U.S.C. § 2601. This is the only federal law that explicitly provides a right for employees to take time off from work to provide self care (e.g., you just had surgery and need time to recover) or time to
Case Study “Crappy” is a technical legal term that I will not define here. But this is essentially what a federal court in Connecticut found in Wanamaker v. West port Board of Education, 899 F. Supp. 2d 193 (D. Conn. 2012). This is a well reasoned case that is a must read for attorneys who represent clients subject to
The ADA specifically provides that time out of work can be a reasonable accommodation. Note that this is particularly useful when you have a combined right to FMLA and ADA leave. If you have a medical issue that counts as both a serious medical condition under the FMLA and a disability under the ADA and run out of
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Sample Scenario You work in accounting for a government agency. You’ve been there five years. After trying to get pregnant for more than a year, you are thrilled to find out you’re carrying a baby. Although you want to share the news with an assistant accountant who is also a close friend, you wait until you start to
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Many federal and state laws protect employees (including at-will employees). The descriptions below merely provide you with a place to get started. I strongly advise you to consult an attorney to determine whether any of these laws apply to you. What Is Caregiver Discrimination? Michelle Singletary wrote an interesting article (http://www.washingtonpost.com/business/economy/aarp-study-burden-of-long-term-care-needs-of-elderly-straining-families/2011/08/03/gIQAT9FdsI_story.html) in The Washington
Overview of Federal Law Read More »
This book is primarily about the protections that care givers have under federal law. Unfortunately, i many states, like Virginia, these laws are the only practical protections you have. But some states and local jurisdictions have parallel and even additional protections. This book does not specifically address state law claims, so be sure to do
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