Recent Blog Posts
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 »
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 »
