Recent Blog Posts
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 »
Can A Woman Be Fired Because She Lacks The “Midwestern Girl Look”?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against any employee with respect to his or her compensation, terms, conditions, or privileges of employment because of sex. As observed by the U.S. First Circuit Court of Appeals in Burns v. Johnson, 829 F.3d 1 (1st Cir. 2016), “the idea… Read More »
U.S. Ninth Circuit Court Of Appeals Notes That The Gender Wage Gap Costs Women Over $840 Billion A Year
The Equal Pay Act of 1963 (EPA), which is part of the Fair Labor Standards Act of 1938, forbids employers from paying an employee at a rate less than that paid to employees of the opposite sex for equal work. As determined by the U.S. Supreme Court in Corning Glass Works v. Brennan, 417… Read More »
Can A Sexual Harassment Victim Bring A Battery Claim Against The Sexual Harasser?
Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA) protect employees against sexual harassment in the workplace. Unfortunately, as our Alachua County, Florida sexual harassment attorneys have learned, circumstances sometimes prevent sexual harassment victims from bringing or prevailing on otherwise meritorious sexual harassment lawsuits against… Read More »
Is The More Favorable Treatment Of A Younger Replacement Evidence Of Age Discrimination Against The Discharged Older Employee?
The Age Discrimination in Employment Act (ADEA) forbids employers from discriminating against employees on the basis of age. Having extensive experience representing employees who were discharged because of their age, our Marion County, Florida age discrimination lawyers have learned that evidence regarding the individual who replaced a discharged older employee is highly relevant in… Read More »
Employer Allegedly Gave Employee A Choice: Drop The Racial Discrimination Claim Or Be Fired
The federal employment discrimination laws prohibit employers from retaliating against employees for opposing any practice made an unlawful employment practice under the federal employment discrimination laws. Employees are protected by Title VII of the Civil Rights Act of 1964 (Title VII) from retaliation for complaining about race, national origin, sex, or pregnancy discrimination in… Read More »
