What can I do about FMLA discrimination?

Answer by  patti (29325)

You must be able to prove (with documentation) how you were restricted or prohibited in the use of FMLA. You can file a complaint for investigation with the EEOC. Before you do, visit with your HR representative to make sure you have all the facts regarding the employer's actions.

Answer by  mammakat (11147)

Most cases are evaluated under the Mcdonnell Douglas-Burdine analysis applied in cases brought under Title VII of the 1964 Civil Rights Act. This is very intricate stuff with a lot of precedent law, and many ramifications. You can't do this yourself, you need an attorney who is well versed in this. You may be able to consult the ACLU.

Answer by  Vladimir (459)

You can report FMLA violations, without fear of retaliation, to the US Department of Labor. Additionally, you could also bring suit against your employer if they violated your FMLA rights.

Answer by  patti (29325)

Federal law provides for FMLA leave with certain requirements and stipulations. Discuss the problem with your HR department to make sure you've covered everything correctly, then question the matter that you believe to be discriminatory. If you are not satisfied with the response, visit the EEOC.

Answer by  worker2746 (2434)

You can contact the nearest labor board or a labor attorney in your area that will help you in the next steps.