Recent Blog Posts
Must Employers Appoint Employees With Disabilities To A Vacant Position As A Reasonable Accommodation Under The Americans With Disabilities Act?
The Americans with Disabilities Act (ADA) makes it unlawful for employers to discriminate 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. Thus, the ADA establishes a cause of action for disabled employees whose… Read More »
Claim of Gender Discrimination by Firefighter Moves Forward
In March of 2016, a Tampa firefighter filed a lawsuit alleging sexual discrimination against the Tampa Fire Department. A day later, the woman was fired from her job. The lawsuit makes numerous allegations regarding sexually harassing comments made to the woman, as well as discriminatory treatment she is alleged to have received as an… Read More »
Rash of Employment Discrimination Lawsuits Filed against FAMU
A local university has been the target of numerous lawsuits in recent months, all claiming that the school has treated its older, female, and minority employees unfairly on the job. Three of these lawsuits in particular make serious allegations of unfair wrongful termination and harassment. In August of 2016, Glenda McDougall filed a lawsuit… Read More »
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 »