Publisher of Drew Capuder's Employment Law Blog. Lawyer with more than 30 years of experience, focusing on employment law, commercial litigation, and mediation. Extensive trial and appellate experience in state and federal courts. Call Drew at 304-333-5261.
A pregnant employee in West Virginia is protected under federal and state laws that provide workplace rights, prohibit discrimination, and require reasonable accommodations, particularly for medical complications related to pregnancy. Below is an overview of the key legal protections and employer obligations.
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA:
Employers cannot fire, refuse to hire, demote, or otherwise discriminate against a woman because of pregnancy.
Pregnant employees must be treated the same as other employees who are similar in their ability or inability to work.
If an employer provides accommodations for temporarily disabled employees, it must provide similar accommodations for pregnant employees with work restrictions.
This article accompanies my general article from today on disability discrimination law. On the important threshold issue of whether an employee is even protected by the ADA, that is controlled by whether the employee has a disability as defined by the ADA. The federal law on that issue is dramatically different before and after 2008, as I explain below, so everyone has to be very careful about relying on law before 2008 for the ADA.
The ADA Amendments Act of 2008 (ADAAA) was enacted to restore and expand protections under the Americans with Disabilities Act of 1990 (ADA) after Supreme Court decisions had significantly narrowed the scope of what qualified as a “disability.” The law took effect on January 1, 2009.
Key Changes Made by the ADAAA
The ADAAA made several critical amendments to the ADA, primarily by broadening the definition of disability and rejecting previous restrictive judicial interpretations. Here are the main changes:
Disability discrimination in the workplace is an issue that affects both employees and employers. With the Americans with Disabilities Act (ADA) setting the legal framework, businesses must navigate reasonable accommodations while ensuring compliance. Employees, on the other hand, need to understand their rights and what steps to take if they experience discrimination. Let’s break it down.
What Is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a disability. This can include:
Refusing to hire a qualified applicant due to a disability.
Failing to provide reasonable accommodations that would enable an employee to perform essential job functions.
Wrongfully terminating or demoting an employee based on their disability.
Harassing an employee due to their disability or medical condition.
The ADA (42 U.S.C. § 12112) prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including hiring, firing, promotions, and job assignments.
Life happens—whether it’s the birth of a child, a serious health condition, or the need to care for a sick family member. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave in these situations. But FMLA can be tricky, and both employers and employees need to understand their rights and responsibilities.
What Is FMLA?
The FMLA is a federal law that requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave per year for specific medical and family-related reasons (29 U.S.C. §2612). During this time, employees’ jobs and health benefits are protected.
Covered reasons for FMLA leave include:
The birth, adoption, or foster placement of a child.
A serious health condition that prevents an employee from performing essential job duties.
The need to care for a spouse, child, or parent with a serious health condition.
Qualifying exigencies related to a family member’s military service.
Additionally, the FMLA provides up to 26 weeks of leave for employees caring for a covered servicemember with a serious injury or illness (29 U.S.C. §2619).
Workplace discrimination is a serious issue, and employees who believe they’ve been treated unfairly often turn to the Equal Employment Opportunity Commission (“EEOC”) or the West Virginia Human Rights Commission (“HRC”) for help. But what exactly do the EEOC and HRC do, and how does the complaint process work? Whether you’re an employer trying to stay compliant or an employee considering filing a claim, it is important to understand the EEOC’s and HRC’s roles.
What Is the EEOC?
The EEOC is the federal agency responsible for enforcing anti-discrimination laws in the workplace. It investigates complaints of discrimination based on race, sex, age, disability, national origin, religion, and other protected characteristics under laws like:
Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2)
The Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 623)
The Americans with Disabilities Act (ADA) (42 U.S.C. § 12112)
The agency also enforces laws prohibiting retaliation, meaning an employer can’t punish an employee for filing a complaint or participating in an investigation.
Mass layoffs and plant closures are tough for everyone involved. Employees lose their jobs, and businesses face financial and legal consequences. The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that protects workers by requiring advance notice of large-scale layoffs. If you’re an employer planning workforce reductions or an employee wondering about your rights, here’s what you need to know.
What Is the WARN Act?
The WARN Act, passed in 1988, requires certain employers to provide 60 days’ notice before a mass layoff or plant closing. The goal is to give employees time to prepare for job loss, seek new employment, and access retraining opportunities (29 U.S.C. § 2101 et seq.).
This law applies to private employers with 100 or more full-time employees. It covers two main scenarios:
Plant Closures – A full shutdown of a worksite that affects at least 50 full-time employees.
Mass Layoffs – A workforce reduction affecting at least 50 employees and one-third of the workforce at a single location, or any layoff of 500 or more employees regardless of percentage (29 U.S.C. § 2101(a)(2)-(3)).
In an era of remote work, digital monitoring, and AI-powered analytics, workplace surveillance is becoming more common. Employers want to ensure productivity, prevent misconduct, and protect company assets. But where’s the line between reasonable monitoring and an invasion of privacy? Understanding the legal framework around workplace surveillance helps both employers and employees navigate this tricky issue.
Can Employers Legally Monitor Employees?
Yes, but with limitations. Employers generally have the right to monitor employees during work hours, particularly if they’re using company-owned equipment or working on company premises. However, federal and state laws impose restrictions, especially when it comes to electronic communications, video surveillance, and off-duty monitoring.
Misclassifying employees as independent contractors is one of the biggest pitfalls in employment law, and it’s an issue that both employers and workers need to understand. Getting it wrong can mean serious legal and financial consequences. So, what’s the difference, why does it matter, and how can businesses avoid costly mistakes?
Employee vs. Independent Contractor: What’s the Difference?
At its core, the distinction between an employee and an independent contractor comes down to control. Employees are subject to their employer’s control over how, when, and where they work. Independent contractors, on the other hand, typically operate their own businesses and control how they complete their work.
The Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL) use different tests to determine worker classification:
IRS Test: Focuses on three primary factors—behavioral control, financial control, and the relationship between the parties (IRS Publication 15-A).
DOL’s Economic Realities Test: Evaluates factors such as the degree of control, the worker’s opportunity for profit or loss, and the permanency of the work relationship (29 C.F.R. § 800.110).
West Virginia Law: The state follows the common law test similar to the IRS approach, but courts may also consider economic dependence when deciding cases.
The Heritage Foundation developed Project 2025 as something of a blueprint for a conservative revolution of governance in the United States under what was hoped to be an upcoming election of Donald Trump in the 2024 presidential election. Hence, “Project 2025” refers to the blueprint and implementation plans for new Trump administration after the November 2024 election.
Project 2025 plans extensive changes in employment law
Some of the most important and sweeping changes envisioned under Project 2025 are for employment law and employment relationships in the United States, both in the private and public sectors.
Employee handbooks often get overlooked, but they play a crucial role in shaping workplace policies and protecting both employers and employees. A well-drafted handbook sets expectations, outlines rights and responsibilities, and can even serve as evidence in legal disputes. Let’s explore why every employer should have one and what employees need to know about them.
What Is an Employee Handbook?
An employee handbook is a document that provides guidelines on workplace policies, procedures, and expectations. While not legally required, a good handbook helps ensure compliance with labor laws and creates consistency in company practices.
