Recent Blog Posts
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 »
Is An Employee Required To Show That The Harasser Intended To Be Offensive In Order To Establish A Racial Harassment Claim?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits racial 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. Read… Read More »
Are Employees Protected Against A Retaliatory Transfer For Complaining About Sexual Harassment?
The federal employment discrimination laws protect employees from retaliation for opposing any employment practice made unlawful under the employment discrimination statutes. For example, employees are protected from retaliation for complaining about sexual harassment in the workplace. However, the federal employment discrimination laws do not make all retaliatory actions unlawful. Rather, the federal employment laws… Read More »
Florida Restaurant Pays Out $2.85 Million in Age Discrimination Settlement
The federal Age Discrimination In Employment Act (ADEA) protects employees and job applicants from discrimination on the basis of age. Ageism is one of the most common forms of workplace discrimination, although it is often a difficult claim to prove. Refusal to hire an employee for being aged over 40, or discriminatory treatment of… Read More »
Employer’s Response To Employee’s Complaint Of Customer Sexual Harassment: “Nothing Is Going To Change”
Under Title VII of the Civil Rights Act of 1964 (Title VII), sexually harassing behavior that is severe or pervasive enough to create a hostile or abusive work environment is unlawful. In holding that sexual harassment is prohibited by Title VII, the U.S. Supreme Court in Meritor Savings Bank, FSB v. Vinson, 477 U.S…. Read More »
