August 10, 2020
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Disability Discrimination

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA. One was denied FFCRA-mandated time off to care for his four children, one of whom had special needs. The other was denied compensation and subsequently terminated after showing symptoms of and subsequently testing positive for Covid-19.

  • Complaint, Pacitti v. Ricciardi Bros. Old City, Inc., No. 2:20-cv-03734 (E.D. Pa. July 31, 2020)
  • Plaintiff, a driver, sued his employer for retaliation and wrongful termination in violation of FFCRA. Plaintiff requested protected paid leave under FFCRA to care for his four children whose schools were closed as a result of COVID-19. His employer informed him that he could take accrued paid time off or use 10 days of emergency paid sick leave after exhausting his FFCRA leave. When Plaintiff was ready to return to work, his employer notified him that he had been replaced and offered him a different position that required a substantially longer commute from Plaintiff’s residence. Because Plaintiff needed to be close to his special needs son, he had to decline the new offer. However, Plaintiff believed his original job was protected while he was taking paid time off.
  • Complaint, Romero v. Accurate Painting of Northwest Florida Inc., No. 3:20-cv-05703-MCR-EMT (N.D. Fla. Aug. 3, 2020)
  • Plaintiff, a painter, sued her employer, a construction contractor, for retaliation in violation of FFCRA. Plaintiff and her crew were ordered to take a COVID-19 test. Plaintiff started feeling sick before taking the test and did not return to work. She received a positive COVID-19 test and was advised to quarantine. When she inquired about her weekly payment while in isolation, she was informed that she would not be paid because she was already fired.

Additional filing: Complaint, Wright v. Denali Ingredients, LLC, No. 2:20cv1185 (E.D. Wis. Aug. 3, 2020).

As President, Joe Biden Can Protect Workers

November 19, 2020
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In a new blog post at the Institute for New Economic Thinking, professors David Michaels and Gregory Wagner lay out an 11-point overview of a longer policy paper that they believe president-elect Joe Biden can enact on day one in office to protect workers

Historic Victory for Paid Family Leave in Colorado

November 12, 2020
Paid Family Leave
While much of the post-election attention has been focused on the presidential race, there has been little said about what looks to be a historic victory for working Coloradans, who have chosen to join eight other states, including New York, and Washington D.C. in providing paid family leave for new parents as well as those dealing with a family emergency. This is the first paid family leave law to be won through a ballot initiative, rather than implemented by elected officials.

Pandemic Continues to Affect Women, Even the Really Successful Ones

November 10, 2020
Gender Discrimination
This reduction in childcare due to COVID is affecting mothers of all income brackets, and as NPR reports, the most successful women, even, are feeling the effects. Mothers remain the parent more likely to shore the care gap created by school closures and are more likely to step back from their careers to do so.
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