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The Protected-Leave Problem That May Be Hiding in Performance Metrics

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rotected leave can be approved on paper and penalized in a spreadsheet. A federal judge just allowed fourteen employment claims to proceed over an allegedly leave-blind performance system.

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DR: An employee alleged that her employer’s utilization formula, staffing practices, and peer comparisons depressed the performance ratings of employees who took protected parental, pregnancy, or pregnancy-disability leave. The court denied the employer’s motion to dismiss every individual and class claim and

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