Recent Blog Posts
What Are The Options Of A Sexual Harassment Victim?
In 1986, the U.S. Supreme Court held in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) that sexual harassment which is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile or abusive working environment is unlawful. Almost thirty years later, sexual harassment persists as a serious… Read More »
Employers Cannot Ignore An Employee’s Potential Need For An Accommodation Under The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. To establish a prima facie case of discrimination on the basis of disability, an employee must establish that he or she (1) has a disability within the meaning of the ADA, (2) is a qualified individual under… Read More »
Teacher Fired in Retaliation for Whistleblowing, Lawsuit Claims
A lawsuit recently filed by a Boca Raton high school teacher claims that he was terminated from his position as a beloved teacher due to the fact that he expressed concern over the school’s failure to follow the law regarding an allegation of sexual abuse. Scott Melton had been at St. Andrews private school… Read More »
What Is The Legal Significance Of Prior Complaints Against The Same Sexual Harasser?
A sexual harassment victim will sometimes have personal knowledge or information that the same individual sexually harassing him or her has also sexually harassed other employees. One issue arising out of such circumstances is whether any of the other employees made a prior sexual harassment complaint against the same harasser. If an employee did… Read More »
Can An Employer Discourage An Employee From Taking FMLA Leave?
The Family Medical Leave Act requires employers to provide eligible employees a total of 12 weeks of leave during any 12-month period because of a serious health condition that makes the employee unable to perform the functions of the employee’s position. The FMLA also requires employers to provide eligible employees with up to 12… Read More »
EEOC Settlement Obtains Free Job Training For Attorneys Age 60 Or Older In Age Discrimination Case
The Age Discrimination In Employment Act (ADEA) prohibits discrimination against employees and job applicants age 40 or over. In a recent age discrimination case, the U.S. Equal Employment Opportunity Commission (EEOC) obtained a novel settlement by requiring Strategic Legal Solutions, a New York based legal employment agency, to provide free employment training for attorneys… Read More »
Employer Liability For A Supervisor’s Sexual Harassment Based On Management’s Knowledge
In Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Indus. v. Ellerth, 524 U.S. 742 (1998), the U.S. Supreme Court held that employers are subject to vicarious liability for hostile work environment sexual harassment created by a supervisor with immediate (or successively higher) authority over the victim. However, the Ellerth… Read More »
Employees Are Protected Against Sexual Harassment From Customers
A common misconception in the area of sexual harassment law is that an employer can only be held liable for hostile work environment sexual harassment when the harassment is committed by an employee. However, employers have a duty to prevent and correct sexual harassment in the workplace whether the harasser is an employee or… Read More »
Florida Employees File Lawsuit for Wrongful Termination after Complaints of Hazardous Workplace Conditions
A group of terminated Florida employees has recently filed a lawsuit against their former employer, claiming that they were wrongfully terminated after complaining about the safety of their workplace. The lawsuit also includes claims of retaliation, racial discrimination, and failure to pay minimum wages. The lawsuit was filed by six former workers at the… Read More »
Employers Have A Duty To Investigate Sexual Harassment Complaints
When an employer knows or should know about sexually harassing conduct in the workplace, the employer is required by Title VII of the Civil Rights Act (Title VII) to take prompt and effective remedial action that is reasonably calculated to end the harassment. As part of an employer’s remedial obligation, Title VII imposes a… Read More »