Recent Blog Posts
Are Employers Automatically Liable When A Supervisor Punishes An Employee For Rejecting Sexual Advances?
Traditionally, courts have recognized that sexual harassment in violation of Title VII of the Civil Rights Act of 1964 (Title VII) comes in two forms: quid pro quo sexual harassment and hostile work environment sexual harassment. As observed by the U.S. First Circuit Court of Appeals in Chamberlain v. 101 Realty, Inc.,915 F.2d 777,… Read More »
Can Employment Decisions Based On Proximity To Retirement Constitute Age Discrimination?
In Hazen Paper Co. v. Biggins, 507 U.S. 613 (1993), the U.S. Supreme Court explained that Congress’ passage of the Age Discrimination in Employment Act (ADEA) “was prompted by its concern that older workers were being deprived of employment on the basis of inaccurate and stigmatizing stereotypes.” As the U.S. Supreme Court stated in… Read More »
Florida-Based Insurance Broker to Settle Claim Filed by EEOC
Brown & Brown, a Daytona Beach-based insurance brokerage firm, is now obligated to pay $100,000 to settle a lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The employment rights agency claims that the company blatantly discriminated against an employee who was pregnant, in violation of federal law. Question about maternity leave results in… Read More »
Smoking Gun Evidence: Direct Evidence Of A Retaliatory Motive
Generally, courts have defined direct evidence of retaliation as evidence which proves the existence of a retaliatory motive without inference or presumption. Stated another way, direct evidence of retaliation is a statement by an employee who was involved in the challenged employment decision which constitutes “smoking gun” evidence of a retaliatory motive. For example,… Read More »
Court Finds Employer Can Be Held Liable For Sexual Harassment When Harassment Continues After Victim’s Complaint
As explained by the U.S. Second Circuit Court of Appeals in Petrosino v. Bell Atlantic, 385 F.3d 210 (2d Cir. 2004), employers are not “automatically liable” for sexual harassment by employees. Rather, in the context of harassment by non-supervisory employees, an employer’s liability requires a showing that the employer knew or should have known… Read More »
What Should A Sexual Harassment Victim Do When The Company Finds That Her Complaint Has No Merit?
Sexual harassment victims are often required by an employer’s policy against sexual harassment to lodge a sexual harassment complaint with a designated employee or employees, including the company’s human resources department. Generally, employers respond to the victim’s sexual harassment complaint by conducting an investigation into the allegations. After investigating the complaint, employers will generally… Read More »
Are Employees Protected From Retaliation When Turning Over Documents Reflecting Employer Age Discrimination To A Lawyer?
Employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), contain anti-retaliation provisions. One anti-retaliation provision is known as the “opposition clause,” the other as the “participation clause.” The opposition clause protects employees from… Read More »
Can Differences In Treatment Be Used To Prove Race Discrimination?
In employment discrimination cases, as explained by the U.S. Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 609 (1993), “[p]roof of a discriminatory motive is critical.” In race discrimination cases, an employer’s discriminatory motive is often proven by showing that the employer treated the aggrieved employee differently or less favorably from employees… Read More »
Court Recognizes It Is Not Difficult For Employers To Come Up With Reasons To Justify A Retaliatory Discharge
In order to protect employees who suffer an injury at work and make or attempt to make a workers’ compensation claim, the Florida Legislature passed section 440.205, Florida Statutes. Section 440.205 provides that “no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation… Read More »
Are Sexual Harassment Victims Protected From Retaliation When They Tell The Harasser To Stop The Behavior?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employers are prohibited from retaliating against employees who oppose discriminatory conduct in the workplace. As explained by the U.S. Eleventh Circuit Court of Appeals in Gupta v. Florida Bd. of Regents, 212 F.3d 571, 582 (11th Cir. 2000), “[s]exual harassment is a… Read More »
