Recent Blog Posts
Complaining About Sexual Harassment In The Workplace
Once an employer has notice of sexually harassing behavior in the workplace, the employer is obligated to take prompt and effective remedial action to stop the harassment from reoccurring. Often times, an employer receives notice of sexually harassing behavior in the workplace in the form of a complaint from the sexual harassment victim. As… Read More »
Employees Protected Against Sexual Harassment By Non-Employees
Many people believe that in order for sexually harassing behavior in the workplace to be illegal the behavior must be committed by an employee of the employer. However, employers can be held liable for the sexual harassment of employees by persons who are not their employees, including customers, clients, contractors, and consultants. Numerous courts… Read More »
Florida & Federal Law Prohibit Discrimination or Harassment On The Basis Of Sex Stereotypes
Florida and federal law prohibit an employer from discriminating against an employee because of the employee’s sex. The prohibition of discrimination because of sex also prohibits an employer from discriminating against an employee on the basis of sex stereotypes. In 1989, the U.S. Supreme Court held in Price Waterhouse v. Hopkins that federal law… Read More »
U.S. Supreme Court Breathes New Life Into Pregnancy Discrimination Claim
In March 2015, the U.S. Supreme Court in Young v. United Parcel Service, Inc. reinstated a pregnancy discrimination lawsuit against United Parcel Service (“UPS”) which the Fourth Circuit Court of Appeals (“Fourth Circuit”) had dismissed. At issue in Young was application of the Pregnancy Discrimination Act’s (“PDA”) mandate that employers treat a pregnant employee… Read More »
Pregnancy Discrimination Is Prohibited By Florida Law
In April 2014, the Florida Supreme Court held in Delva v. The Continental Group, Inc. that the prohibition against discrimination on the basis of sex in employment practices under the Florida Civil Rights Act (“FCRA”) includes discrimination on the basis of pregnancy. In reaching this conclusion, the court reasoned that “discrimination based on pregnancy… Read More »
Same-Sex Sexual Harassment Is Prohibited By Florida & Federal Law
In 1998, the U.S. Supreme Court held in Oncale v. Sundowner Offshore Services, Inc. that same-sex sexual harassment is unlawful under federal law. In Oncale, a male employee was subjected to sex-related taunts, forcible sexual actions against him, and physical assaults of a sexual nature. In affirming the trial court’s dismissal of the plaintiff’s… Read More »