Recent Blog Posts
Does Federal Law Prohibit Employment Agencies From Engaging In Discriminatory Advertising?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of race, color, national origin, sex, or religion. As explained by the U.S. Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), Congress passed Title VII “to ensure equality of employment… Read More »
Can The Timing Of An Employer’s Investigation Show Retaliation For Exercising Family Medical Leave Act Rights?
The Family Medical Leave Act (FMLA), which is federal law, entitles eligible employees up to 12 weeks of leave during any 12-month period because of the birth of a child or because of their own serious health condition. As observed by the U.S. Fifth Circuit Court of Appeals in Satterfield v. Wal-Mart Stores, Inc.,… Read More »
Are Sexual Harassment Victims Protected From Retaliation When They Refuse To Work With A Sexual Harasser?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from sexual harassment in the workplace. As explained by the U.S. Supreme Court in Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 67 (1986), employees are not required to “run a gauntlet of sexual abuse in return for the… Read More »
Must An Employer Take Remedial Action To Prevent Recurrence Of Racial Harassment?
In Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 67 (1986), the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 (Title VII) “affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.” In applying this principle, courts have consistently held that Title… Read More »
Court Provides Guidance On What Constitutes Disability Harassment Under Americans With Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. Although the ADA does not mention disability harassment, courts have consistently held that disability harassment is a form of disability discrimination prohibited by the ADA. As a result, employees are protected from disability harassment that is sufficiently… Read More »
Court Rejects Employer’s Attempt To Portray Sexual Harassment As “Nothing More Significant Than Flirting”
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from sexual harassment that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive work environment. Having represented sexual harassment victims for almost twenty years, our Citrus County, Florida sexual harassment lawyers have learned… Read More »
Discharged Older Employee Was Allegedly Told To “Step Aside And Let The Young People Shine”
The Age Discrimination in Employment Act (ADEA) prohibits employers from taking an adverse employment action against an employee who is at least forty years of age. In Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (2009), the U.S. Supreme Court determined that an employee claiming age discrimination has the burden to show that… Read More »
Can An Employer Refuse To Hire A Person With A Disability Based On Its Assertion Of What Constitutes The Essential Functions Of A Position?
Under the Americans with Disabilities Act (ADA), employees are protected from discrimination when they have an actual disability or are perceived as having a disability within the meaning of the ADA. The ADA defines “disability” as “a physical or mental impairment that substantially limits one or more major life activities of an individual.” However,… Read More »
Are Employees Protected From Sexual Harassment For Refusing To Date A Customer?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits sexual harassment that creates a hostile work environment. This happens when the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. In… Read More »
Can Employers Discriminate Against American Employees In Favor Of Employees From Another Country?
Under Title VII of the Civil Rights Act of 1964 (Title VII), it is an unlawful employment practice of an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual, with respect to his or her compensation, terms, conditions, or privileges of employment because of… Read More »
