Recent Blog Posts

The Americans With Disabilities Act Forbids Employers From Making Disability-Related Inquiries
The Americans with Disabilities Act (ADA) protects employees from discrimination on the basis of disability. Under the ADA, employers are prohibited from making disability-related inquiries regarding an employee’s health. More specifically, the ADA provides that an employer “shall not require a medical examination and shall not make inquiries of an employee as to whether… Read More »

Can Employers Discriminate Against Employees Based On The Racial Preferences Of Customers?
Under Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of race. Having litigated employment discrimination cases for almost twenty years, our Marion County, Florida race discrimination attorneys have learned that employers sometimes attempt to justify employment decisions on grounds that they were… Read More »

Federal Court Rules That Title VII Protects Transgender Individuals From Discrimination Based On Their Transgender Status
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination because of sex. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the U.S. Supreme Court held that unlawful sex discrimination under Title VII includes discrimination against employees for failure to conform to sex or gender stereotypes. As the… Read More »

Employer Claims Employee’s Discrimination Complaint Is A Lie & An Attempt To Extort Severance Pay
Title VII of the Civil Rights Act (Title VII) prohibits employers from discriminating against employees on the basis of race, color, national origin, sex, and religion. Title VII contains an anti-retaliation provision which prohibits employers from retaliating against employees for complaining about race, color, national origin, sex, or religious discrimination in the workplace. In… Read More »

Supervisor Who Fired Pregnant Employee Allegedly Said: “I Have Too Many Pregnant Workers”
Under Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Pregnancy Discrimination Act of 1978 (PDA), employers are prohibited from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. As observed by the U.S. Supreme Court in California Federal Sav. and Loan Ass’n v…. Read More »

When Does An Employee’s Viewing Or Displaying Pornography At Work Contribute To A Hostile Work Environment?
Under Title VII of the Civil Rights Act of 1964 (Title VII), sexual harassment that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile work environment is unlawful. Under long standing law, sexual harassment is a form of sex discrimination which violates Title VII. As explained… Read More »

Can Sexual Harassment Involving Physical Touching Be Sufficiently Severe To Create A Hostile Work Environment?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from sexual harassment in the workplace. The test set forth by the U.S. Supreme Court for establishing an actionable hostile work environment sexual harassment claim is whether the conduct is sufficiently severe or pervasive to discriminatorily alter the conditions… Read More »

Court Refuses to Toss Out Former Florida Detention Officer’s FMLA and Civil Rights Suit Against Employer
Under the federal Family and Medical Leave Act (FMLA), employers are required to provide their employees with unpaid leave for specified family and medical reasons. Employees are entitled to 12 workweeks of leave per year for reasons such as a serious health condition, the birth of a child, or caring for a sick family… Read More »

What Types Of Evidence Prove That An Employee Was Harassed Because Of His Or Her National Origin?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination on the basis of national origin. Although Title VII does not mention national origin harassment, courts have uniformly held that national origin harassment that creates a hostile work environment is a form of national origin discrimination prohibited by Title… Read More »

Sixth Circuit Rules That Sex Discrimination Includes Discrimination On The Basis Of Transgender Status & Transitioning Identity
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination on the basis of sex. Under Title VII, an employer engages in unlawful sex discrimination when it subjects an employee to an adverse employment action based on the employee’s failure to conform to sex stereotypes about how an individual… Read More »