Recent Blog Posts
Proving Age Discrimination By Showing Younger Employees Were Treated Better
The Age Discrimination in Employment Act (ADEA), which is federal law, prohibits employers from discriminating against employees on the basis of age. Having represented employees victimized by age discrimination for almost twenty years, our Central Florida age discrimination attorneys have learned that employers often terminate older employees for behavior they usually tolerate from younger… Read More »
Eleventh Circuit Court Of Appeals Rules That Breastfeeding Is Covered By Pregnancy Discrimination Act
Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Pregnancy Discrimination Act of 1978 (PDA), prohibits employers from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions. The PDA’s amendment to Title VII clarified that discrimination based on pregnancy is a form of sex… Read More »
Court Finds Employee Entitled To Jury Trial On Discriminatory Failure To Promote Claim After Evaluating Evidence As A Whole
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees because of their race, color, national origin, sex, or religion. It is well-established that failing to promote an individual because of his or her race, color, national origin, sex, or religion is an unlawful employment practice under… Read More »
Employee Provides Job Applicant With Information Reflecting A Retaliatory Failure To Hire
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from retaliation when complaining about discrimination in the workplace, including filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). Having substantial experience litigating employment retaliation cases, our Central Florida retaliation attorneys have learned that it is not… Read More »
Female Manager Allegedly Wanted A Man In The Position Held By Discharged Female Employee
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employees from discriminating against employees on the basis of sex. Having represented victims of sex discrimination for more than 15 years, our Central Florida gender discrimination attorneys have learned that employers frequently terminate employees for behavior that is an accepted company practice…. Read More »
Appellate Court Finds That Employer’s Shifting Explanations For Employee’s Discharge Are Evidence Of Disability Discrimination
The American’s with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. When an employee brings a disability discrimination claim under the ADA, the employer is required to proffer a legitimate, non-discriminatory reason for the challenged employment decision. Having long represented employees victimized by disability discrimination, our Central Florida… Read More »
Racial Harassment Does Not Necessary Have To Occur At The Workplace To Create A Hostile Working Environment
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of race. Although Title VII does not mention racial harassment, courts have consistently held that racial harassment is a form of race discrimination prohibited by Title VII. As explained by the U.S. Eighth Circuit… Read More »
An Employer’s Bad Faith Investigation Of A Sexual Harassment Complaint: Instructing A Witness To Provide Misleading Information
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from sexually harassing behavior that is sufficiently severe or pervasive to create a hostile or abusive working environment. Once an employer knows or should know that an employee is being subjected to sexually harassing behavior, a remedial obligation is triggered. The… Read More »
Are After-The-Fact Justifications For An Employment Decision Evidence Of Discrimination?
In the employment discrimination litigation context, employers are required to come forward with a legitimate, non-discriminatory reason for the challenged employment decision. Generally, employers are not permitted to justify an employment decision based on information uncovered after the decision was made. In other words, information discovered after the employment decision was made cannot form… Read More »
Federal Court Concludes That Hispanic Constitutes A Race For Purposes Of Federal Employment Discrimination Law
For years, courts have struggled with the question as to whether Hispanic constitutes a race for purposes of federal employment discrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII) and 42 U.S.C. § 1981 (section 1981). Title VII prohibits employers from discriminating against employees on the basis race, color,… Read More »