Recent Blog Posts
Proving Retaliation When Employers Begin Finding Problems With An Employee After A Discrimination Complaint
The federal employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act, and the Age Discrimination in Employment Act (ADEA), contain anti-retaliation provisions. The anti-retaliation provisions protect employees from retaliation when they complain about perceived discrimination in the workplace. Unlawful retaliation occurs when… Read More »
Can Remarks Reflecting Age-Based Stereotypes Be Used To Prove Age Discrimination?
Under Age Discrimination in Employment Act (ADEA), it is unlawful for an employer to discriminate against an individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s age. The ADEA prohibits discrimination against individuals who are at least forty years of age. As explained by the… Read More »
Employee Fired After Being Told That Store Manager Was “Going After Older People”
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees on the basis of age. Patterned after Title VII of the Civil Rights Act of 1964, the ADEA prohibits discrimination based on age against employees aged 40 and over. “One purpose of the ADEA,” as explained by the U.S. Eighth Circuit… Read More »
Can Florida Workers Record a Conversation at Work?
Having litigated employment harassment and discrimination cases for almost twenty years, our Citrus County, Florida employment law attorneys know that claims of workplace sexual harassment or discrimination can be tricky to prove without documentation, witnesses, and other evidence to back them up. If your employer seems to only make their discriminatory or harassing comments… Read More »
Is Firing An Employee For Failing To Do Something That Was Not Her Job To Do Evidence Of Retaliation?
Having represented victims of employment retaliation for almost twenty years, our Alachua County, Florida retaliation attorneys have learned that employers often look for a reason to terminate employees who have complained about perceived discrimination or harassment in the workplace, such as using a paper trail to justify termination. As observed by the Florida Second… Read More »
Is Failing To Provide An Employee With An Accommodation Evidence Of Disability Discrimination?
The Americans With Disabilities Act (ADA) was enacted to eradicate discrimination against employees with disabilities and to ensure equal treatment for employees with disabilities. As explained by the U.S. Third Circuit Court of Appeals in Taylor v. Phoenixville School District, 174 F.3d 142 (3d Cir. 1999), “[d]iscrimination under the ADA encompasses not only adverse… Read More »
Employee Fired After Complaining About Discrimination From Supervisor Who Wanted “Someone Of A Different Race”
Under Title VII of the Civil Rights Act of 1964 (Title VII), an employer cannot retaliate against an employee because the employee has complained about discrimination on the basis of race, color, national origin, sex, or religion. As explained by the U.S. Second Circuit Court of Appeals in Matima v. Celli, 238 F.3d 69… Read More »
How Courts Dismiss Employment Discrimination Cases: The “Honest Belief Rule”
Having litigated employment discrimination cases for almost twenty years, our Citrus County, Florida employment law attorneys have learned that courts have come up with a plethora of judicially-created rules that are used to nullify employment discrimination laws and dismiss employment discrimination cases. One such judicially-created rule is the “honest belief rule.” Simply stated, the… Read More »
Can Employers Transfer Pregnant Employees To Another Position Because Of Safety Concerns?
The Pregnancy Discrimination Act of 1978 (PDA) protects women from discrimination on the basis of pregnancy, childbirth, and related medical conditions. Under the PDA, employers must treat pregnant employees the same for all employment-related purposes as non-pregnant employees who are similar in their ability or inability to work. This means that if a pregnant… Read More »
Can Employers Discriminate Against Employees Because They Might Become Pregnant Again?
With the passage of the Pregnancy Discrimination Act of 1978 (PDA), Congress amended Title VII of the Civil Rights Act of 1964 (Title VII) to provide that discrimination “on the basis of sex” includes discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” In International Union, UAW v. Johnson… Read More »
