Anne Yuengert

Anne Yuengert

Bradley Arant Boult Cummings LLP

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Latest Publications


Background Checks are Still Big Litigation Business—Just Ask BMW

Yet another reminder that everyone using criminal background checks in the hiring process needs to review their standards—BMW just entered a consent decree with the EEOC under which it will pay $1.6 million and offer to hire...more

9/25/2015 - Arrest and Conviction Records BMW Criminal Background Checks Disparate Impact EEOC Employment Discrimination Title VII

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

8/13/2015 - ADA Disability Disability Discrimination EEOC Employee Transfers FMLA Interactive Process Reasonable Accommodation Undue Hardship

Make Sure Your Supervisors Know that Lactation Breaks Are Required by Law

Maybe once a year, I get a call from a client asking about what the law requires with regard to lactation breaks for nursing mothers. I tell them that § 207(r) of the Fair Labor Standards Act requires them to provide (A)...more

6/11/2015 - Best Management Practices Employer Liability Issues Popular Supervisors Training

Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For...more

5/22/2015 - ADA Best Management Practices Employer Liability Issues FMLA PDA Popular

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

5/6/2015 - ADA EEOC Employer Liability Issues Essential Functions FMLA New Guidance PDA Pregnancy Reasonable Accommodation

More Federal Agencies Expand EEO Protection to LGBT Employees and Private Litigants Continue to File Lawsuits Based on Gender...

In my supervisor training sessions, I used to note that Title VII prohibits discrimination based on sex, with a reminder that it applies to both sexes. In recent training sessions, however, I find that section now takes a...more

4/30/2015 - Discrimination DOD EEO Employer Liability Issues GAO Gender Identity LGBT NASA Title VII

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

4/23/2015 - ADA Disability Benefits Employment Policies FMLA PDA Pregnancy Title VII

The EEOC and preferential treatment for pregnant employees

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests Does the EEOC expect preferential treatment for pregnant employees? Originally published in Inside...more

4/8/2015 - ADA Disparate Treatment EEOC FMLA PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Inside the EEOC’s guidance on pregnancy discrimination

In July 2014, the EEOC issued “Enforcement Guidance: Pregnancy Discrimination and Related Issues,” as well as “Questions and Answers and a Fact Sheet for Small Businesses.” Although the guidance is not the law, it does...more

3/25/2015 - EEOC Enforcement Guidance PDA Popular Pregnancy Discrimination Small Business

Legal approaches to pregnancy in the workplace

The Obama Administration has made it clear that it wants to increase protections for pregnant employees. There is also significant discussion in the media about family-friendly workplaces. Against this backdrop, employers,...more

3/12/2015 - ADA Best Management Practices FMLA Obama Administration PDA Pregnancy

Video Interview: Discussing the Ramifications of Extending FMLA Rights to Same-Sex Couples

On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage...more

3/9/2015 - DOL Employee Rights Final Rules FMLA Marriage Licenses Same-Sex Marriage

Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...more

3/6/2015 - ADA Disability Discrimination EEOC Employer Liability Issues Enforcement Actions FMLA Hiring & Firing Reasonable Accommodation

Same-sex marriage in Alabama: What employers need to know

Alabama probate judges have begun issuing marriage licenses to same-sex couples following a recent ruling out of the Southern District of Alabama that struck down the state's ban on same-sex marriage. Employers should take...more

3/3/2015 - Employee Rights Marriage Licenses Same-Sex Marriage

If You Have Employees in Other States, Make Sure You Are Paying the Proper Minimum Wage

Minimum wage laws across the country are changing. Although the federal minimum wage for covered, nonexempt employees is $7.25 an hour (and has been since July 2009), 22 states increased their minimum wages for 2015. The new...more

1/13/2015 - Employer Liability Issues Employer Mandates Minimum Wage Wage and Hour

More Focus on Employer Background Checks

The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act...more

11/21/2014 - Background Checks Employer Liability Issues FCRA Grocery Stores Hiring & Firing Job Applicants Publix Retailers

Can You Reject a Candidate That You Don’t Think Will “Fit In” with Your Team? Not If You Want Summary Judgment in the Second...

Just how specific do you need to be when explaining why you rejected a minority candidate multiple times for a job that did not even mean a pay raise? That is the question the United States Court of Appeals for the Second...more

10/31/2014 - Employee Rights Employer Liability Issues Hiring & Firing Job Applicants

When Did You Last Update Your Background Check Materials? Maybe It’s Time.

Dollar General just agreed to pay $4 million to settle a class action background check case based on its alleged violations of the Fair Credit Reporting Act (FCRA). Marcum v. Dolgencorp, Inc., Civil Action No. 3:12cv108...more

10/30/2014 - Background Checks Class Action Dollar General Employer Liability Issues FCRA Settlement

Pushing Employees To Work During FMLA Leave Can Backfire

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act but she didn’t lose any salary or benefits, can she state an interference claim? In Evans v. Books-A-Million Inc., the...more

9/30/2014 - Adverse Employment Action EEOC Employer Liability Issues FMLA FMLA Abuse Maternity Leave PDA

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

9/12/2014 - Discrimination EEOC Employer Liability Issues Final Guidance Gender Discrimination Government Investigations Investigations OFCCP Sex Discrimination Title VII Transgender

Requiring Employees to Work on Maternity Leave Could Interfere with FMLA Rights

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act (FMLA), but she didn’t lose any salary or benefits, can she win her case? In Evans v. Books-A-Million, the Eleventh Circuit...more

9/11/2014 - Employee Rights Employer Liability Issues FMLA Maternity Leave

Employers: Send Your FMLA-Related Notices via Certified Mail

Send your Family and Medical Leave Act (FMLA) notices to employees via certified mail or risk having your summary judgment motion denied—that’s the message from U.S. Third Circuit Court of Appeals in Lupyan v. Corinthian...more

8/12/2014 - FMLA Notice Requirements Summary Judgment

Terminating an Employee on the Heels of an FMLA Request: A Court Offers Some Guidance on Doing It Legally

A problematic employee is teetering on the brink of termination and suddenly requests FMLA leave. Do you terminate him for cause or grant the FMLA leave and give him another chance to avoid the retaliation claim? What if he...more

1/30/2013 - FMLA Hiring & Firing Retaliation Termination

DOL Offers Guidance on FMLA Rights for Adult Children

All covered employers know that the FMLA entitles an eligible employee to take up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a “son or daughter” with a serious health condition. While most...more

1/28/2013 - ADA ADAAA Adult Children DOL FMLA Military Caregiver Leave

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