Examples of FMLA Discrimination in Los Angeles (2025)

Understanding all your rights as an employee in California is important, which is why it is vital to be aware of certain examples of FMLA discrimination in Los Angeles. The Family and Medical Leave Act (FMLA) is an extremely important law that grants eligible employees up to 12 weeks of job-protected leave for specific medical and family reasons. The California Family Rights Act (CFRA), although different, faces similar discrimination.

Both of these include personal health issues, caring for a family member, or bonding with a new child. Employers are legally prohibited from discriminating against employees for exercising these rights. However, instances of FMLA discrimination continue to surface, which is why it is so important for employees to understand exactly what rights they have and what FMLA discrimination may look like in the workplace.

Examples of FMLA Discrimination

FMLA discrimination occurs when an employer takes adverse actions against an employee for exercising their rights. In Los Angeles, as in other places, such discrimination can occur in various ways. Examples of FMLA discrimination may look like the following:

1. Termination Due to FMLA Leave: An employee takes FMLA or CFRA leave to care for a sick family member, and when they return, their employer terminates them, citing “poor performance” or “business needs,” despite no prior performance issues. This could be a violation of FMLA if the employer terminated the employee because they exercised their right to take leave.In 2024, the U.S. Department of Labor intervened in a case involving Mercedes-Benz U.S. International Inc., where two employees were unlawfully terminated after requesting FMLA-protected leave. Employees won this case and received a settlement for the discrimination they encountered.
2. Retaliation for Taking FMLA Leave: After an employee returns from FMLA or CFRA leave, they are demoted, passed over for a promotion, or their job responsibilities are significantly reduced. This could be a retaliation for exercising their FMLA rights.In July 2024, the California Civil Rights Department (CRD) reached a $14.4 million settlement with Microsoft over allegations of discrimination related to the use of protected leave. The investigation revealed that employees who utilized parental, disability, pregnancy, or family caregiving leave were subjected to lower bonuses and unfavorable performance reviews, adversely affecting their career progression.
3. Failure to Reinstate an Employee to Their Original Position: An employee goes on FMLA or CFRA leave, and when they return, their employer refuses to reinstate them to their original position or offers them a lesser position with fewer responsibilities or a pay cut. The FMLA mandates that employees should be returned to the same or equivalent position upon return.
4. Discriminatory Comments or Actions: An employee’s supervisor makes negative comments, such as “You shouldn’t take time off for your family” or “FMLA leave is for people who don’t want to work,” which could be evidence of discriminatory attitudes toward the employee’s use of FMLA leave.
5. Disciplinary Action After FMLA Leave: An employer imposes disciplinary actions, such as warnings or suspensions, immediately after an employee returns from FMLA or CFRA leave, even if no prior performance issues exist. This could be seen as retaliation or discrimination based on the employee’s use of FMLA leave.
6. Denying FMLA Leave: An employee requests FMLA or CFRA leave for a serious medical condition or to care for a family member, but the employer denies the request without justification, even though the employee is eligible for the leave under FMLA guidelines.
7. Refusal to Provide FMLA Paperwork or Documentation: An employer refuses to provide the necessary CFRA or FMLA paperwork or requests excessive documentation, making it more difficult for the employee to take leave. This can be seen as a form of discouragement against the employee for using their FMLA rights.
8. Reduction in Work Hours: After an employee returns from FMLA or CFRA leave, the employer reduces their working hours significantly, making it harder for the employee to meet their financial needs or perform their job effectively. If the reduction is linked to the employee taking leave, it could be discriminatory.
9. Excessive Scrutiny After Return: An employee who has returned from CFRA or FMLA leave is placed under heightened scrutiny, such as being micromanaged more than other employees in a way that appears to punish them for taking leave.
10. Disparate Treatment Compared to Other Employees: If other employees are allowed flexible hours or leave for personal reasons, but an employee who took FMLA or CFRA leave is not given the same accommodations or is treated more harshly, this may suggest FMLA discrimination.

FAQs

Q: What Are Some Examples of FMLA Discrimination?

A: FMLA discrimination occurs when an employer retaliates against an employee for taking Family and Medical Leave Act leave. Examples include firing, demoting, or reducing an employee’s hours because they took FMLA leave, denying reinstatement to the same position, or treating the employee unfairly due to their leave. Any negative action taken because an employee used FMLA leave may be considered discrimination.

Q: What Is an Example of FMLA Abuse?

A: An example of FMLA abuse would be an employee repeatedly taking leave under the guise of a medical condition but not actually being sick, using it to extend vacation time or avoid work. Another example is an employee taking FMLA leave for one condition but then engaging in physical activities, like running a marathon, which contradicts their claimed health issues.

Q: How Can an Employee Violate FMLA?

A: An employee can violate the FMLA by misusing leave, such as falsifying medical documentation, taking leave for unauthorized purposes, or failing to provide the required notice. Other violations include not returning to work after the designated leave period or working another job while on FMLA leave without employer consent. These actions can lead to disciplinary measures or termination.

Q: How Do You Prove FMLA Interference?

A: To prove FMLA interference, an employee must show that they were eligible for FMLA leave, their employer was covered by FMLA, they were entitled to take leave, and that their employer denied or interfered with the leave. Evidence may include denial of leave requests, retaliation after taking leave, or failure to reinstate the employee to their previous position after leave. Documentation and witness testimony can support the claim.

Contact Shirazi Law Firm, PC

FMLA discrimination remains a pressing issue, as evidenced by recent cases in both Los Angeles and beyond. Understanding your rights and responsibilities is crucial in navigating and addressing potential discrimination. If you are an employee seeking to protect your rights, staying informed and proactive is essential.

If you are in a situation where you feel your FMLA rights have been violated or feel you have faced discrimination, it is time to get in contact with our office. Shirazi Law Firm, PC, has years of experience dealing with cases like this. Contact us today so we can begin working on your case.