Recent Blog Posts
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 »
Can An Employee Have A Sexual Harassment Claim When Other Employees Receive Job Benefits For Granting Sexual Favors?
Under Title VII of the Civil Rights Act of 1964 (Title VII), sexual harassment is a form of unlawful sex discrimination. Courts have traditionally described two forms of sexual harassment that are prohibited by Title VII: hostile work environment sexual harassment and quid pro quo sexual harassment. Hostile work environment sexual harassment occurs when… Read More »
Are Employers Prohibited From Retaliating Against A Complaining Employee’s Family Member?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from discrimination on the basis of race, color, national origin, sex, and religion. When Congress enacted Title VII, it also created a cause of action for retaliation. Having represented victims of employment retaliation for almost twenty years, our Alachua… Read More »
Does A National Origin Harassment Claim Require Evidence The Harasser Referred To Where The Victim Is From?
Under Title VII of the Civil Rights Act of 1964 (Title VII), it is an unlawful employment practice for an employer to discriminate against an employee because of that employee’s national origin. National origin harassment is a form of national origin discrimination prohibited by Title VII. An actionable claim for national origin harassment exists… Read More »
Are Employment Decisions Based On Stereotypes Associated With Pregnancy Evidence Of Pregnancy Discrimination?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from discrimination on the basis of sex. In General Electric Co. v. Gilbert, 429 U.S. 125 (1976), the U.S. Supreme Court infamously ruled that discrimination on the basis of pregnancy was not sex discrimination under Title VII. Because of… Read More »
