“Believe and act as if it were IMPOSSIBLE to fail.”
Charles F. Kettering
MEET NICOLE CONGER
The Diversity Council recognized Nicole as one of the Top 50 Women in Law. Nicole was also recently elected as a Fellow in the Texas Bar Foundation. Each year, the Foundation invites the top one-third of 1% of Texas attorneys to become Fellows as one of the highest honors.
Nicole founded her law firm with the goal of enabling employees to determine the best course of actions, by transparently advising them on the merits and drawbacks of their cases. She promotes the notion that it is well past time to end discrimination and afford unbiased opportunities to individuals at every state of their lives. Nicole works tirelessly and with energy that is contagious because she cherishes and appreciates clients and her career. Nicole offers generous amounts of time, clarity, and follow-through at each stage of the process.
Nicole’s practice focuses on labor disputes against large and small companies in various Texas and Federal jurisdictions. She has successfully represented employees through the EEOC and litigation processes with claims arising out of the Texas Labor Code, Title VII of the Civil Rights Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the FLSA, and the Pregnancy Discrimination Act. Nicole brings her passion, eagerness, and enthusiasm by continuing to represent clients with discrimination, retaliation, medical leave interference, work-place harassment, LGBT-Related sexual orientation and gender identity issues, and hostile work environment claims.
KNOW YOUR RIGHTS
THE FAMILY AND MEDICAL LEAVE ACT
The Family and Medical Leave Act of 1993 (“FMLA”), as amended, allows eligible employees of employers with 50 or more employees to take up to 12 workweeks of leave for the birth and care of the employee’s child. Employers also restore the employee to the employee’s original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions ofemployment.
THE AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act of 1990 (“ADA”), as amended, (“ADAAA”) may provide coverage as well. Although pregnancy itself is not a disability, pregnant workers may have impairments related to their pregnancies that qualify as disabilities under the ADAAA, such as pregnancy-related carpal tunnel syndrome, gestational diabetes, and other premature conditions in a child.
THE AFFORDABLE CARE ACT
The Patient Protection and Affordable Care Act (“ACA”) is a 2010 federal statute signed by President Obama that requires employers to provide “reasonable break time” for hourly employees to generate breast milk until the child’s first birthday. Employers are required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”