Recent Blog Posts
Are Employees Protected From Retaliation When Reporting Harassment Towards Other Employees?
Employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 1981 (§ 1981), the Americans with Disabilities Act, and the Age Discrimination in Employment Act, protect employees from retaliation when they oppose discrimination or harassment on the basis of race, national origin, sex, pregnancy, religion,… Read More »
An Employer’s Sexual Harassment Policy Must Be Effective In Preventing Sexual Harassment In The Workplace
Employers customarily defend themselves against sexual harassment lawsuits by claiming that they should not be held liable for the sexually harassing behavior because they had sexual harassment policy in place. This defense is derived, in relevant part, from the decisions by the U.S. Supreme Court in Faragher v. City of Boca Raton, 524 U.S…. Read More »
EEOC Sues Farm over Sexual Harassment of Worker
The management and owners of a farm in the Hillsborough County town of Dover have recently become the subject of a federal lawsuit based on workplace sexual harassment. The suit, filed in federal court in Tampa, claims that a female worker was forced to suffer escalating sexual harassment and was ultimately fired for her… Read More »
Are Employees Protected From Retaliation When Refusing To Discriminate In Employment Decisions?
Under employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act, and the Americans with Disabilities Act, employees are protected against retaliation for opposing discrimination or harassment on the basis of race, national origin, sex, pregnancy, religion, disability, or age. In most… Read More »
Whether A Sexual Harasser’s Touching Was Accidental Is For Jury To Decide
In sexual harassment cases, employers frequently defend against the allegations by claiming that the harasser was “joking” with the victim or the touching of the victim was “accidental.” In claiming that the verbal conduct of a sexual nature was a “joke” and physical conduct of a sexual nature was “accidental,” employers are attempting to… Read More »
Are Employees Protected From Retaliation When Requesting An Accommodation Under The ADA?
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. Discrimination under the ADA includes not making reasonable accommodations to the known physical or mental limitations of an individual with a disability. A reasonable accommodation may include job restructuring, part-time or modified work schedules, acquisition or modification… Read More »
Are Employees Protected Against Retaliation When Giving Information During An Investigation Into Sexual Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees against retaliation for opposing any practice made an unlawful employment practice under Title VII. Under well-established law, a sexual harassment victim who makes an internal complaint of sexual harassment is protected from retaliation by Title VII. However, courts have struggled with… Read More »
Appellate Court Reinstates Workers’ Compensation Retaliation Case
In order to punish employers who retaliate against employees who suffer an injury at work and make or attempt to make a workers’ compensation claim, the Florida Legislature enacted 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… Read More »
Florida Startup Settles Discrimination Lawsuit Out of Court
A local startup has recently settled a high-profile discrimination lawsuit filed against it by a former vice president, Tannen Campbell, who claims she was fired because of her efforts to diminish the extent of the misogyny in the company. The corporate defendant to the lawsuit, Magic Leap, is a virtual technology startup that is… Read More »
What Constitutes A Sexual Harassment Complaint?
When making a complaint about unwanted sexually harassing behavior, it is critical that the victim provide the employer with sufficient information to reasonably notify the employer that a sexual harassment complaint has been lodged. A complaint that is not sufficiently detailed or clear enough to notify the employer that the victim is making a… Read More »
