Recent Blog Posts
Are Employees Protected From Retaliation When Requesting An Accommodation Under The ADA?
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. Discrimination under the ADA includes not making reasonable accommodations to the known physical or mental limitations of an individual with a disability. A reasonable accommodation may include job restructuring, part-time or modified work schedules, acquisition or modification… Read More »
Are Employees Protected Against Retaliation When Giving Information During An Investigation Into Sexual Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees against retaliation for opposing any practice made an unlawful employment practice under Title VII. Under well-established law, a sexual harassment victim who makes an internal complaint of sexual harassment is protected from retaliation by Title VII. However, courts have struggled with… Read More »
Appellate Court Reinstates Workers’ Compensation Retaliation Case
In order to punish employers who retaliate against employees who suffer an injury at work and make or attempt to make a workers’ compensation claim, the Florida Legislature enacted section 440.205, Florida Statutes. Section 440.205 provides that “no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s… Read More »
Florida Startup Settles Discrimination Lawsuit Out of Court
A local startup has recently settled a high-profile discrimination lawsuit filed against it by a former vice president, Tannen Campbell, who claims she was fired because of her efforts to diminish the extent of the misogyny in the company. The corporate defendant to the lawsuit, Magic Leap, is a virtual technology startup that is… Read More »
What Constitutes A Sexual Harassment Complaint?
When making a complaint about unwanted sexually harassing behavior, it is critical that the victim provide the employer with sufficient information to reasonably notify the employer that a sexual harassment complaint has been lodged. A complaint that is not sufficiently detailed or clear enough to notify the employer that the victim is making a… Read More »
Seventh Circuit Holds That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of sex. Since Title VII was passed, federal courts have almost uniformly held that Title VII provides no protection against discrimination on the basis of sexual orientation. In reaching their decision, these courts customarily… Read More »
Whether Age-Related Remarks Are Offensive Is For The Jury To Decide
Age-related remarks by supervisors or managers are often the most compelling evidence establishing that an employment decision was motivated by an employee’s age. The evidentiary value of age-related remarks is heighted when they are made by a person involved in the challenged employment decision. Nonetheless, some courts attempt to characterize age-related remarks in the… Read More »
Can Remarks Made After An Employee’s Termination Be Used To Show A Discriminatory Discharge?
In the context of employment discrimination law, courts have consistently held that evidence establishing that an employer’s asserted reason for the challenged employment decision is false creates an inference that the employer might be covering up a discriminatory motive. In fact, courts have determined that a jury is permitted to infer a discriminatory motive… Read More »
Are Employees Born In The U.S. Protected Against National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of national origin. Unfortunately, Title VII does not define the term “national origin.” However, the U.S. Supreme Court in Espinoza v. Farah Manufacturing Company., Inc., 414 U.S. 86 (1973) defined national origin as the “country where… Read More »
Employers Are Strictly Liable For Sexual Harassment By High-Level Managers
In the landmark cases of Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the U.S. Supreme Court addressed the issue of an employer’s liability for sexual harassment by a supervisor. In Faragher and Ellerth, the Court held that that an employer is… Read More »