Recent Blog Posts
Federal Court In Pennsylvania Holds That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of sex. Since Title VII was enacted, courts have held virtually without exception that Title VII does not prohibit discrimination on the basis of sexual orientation. These courts have almost uniformly reasoned that Title… Read More »
The Legal Significance Of A Single Incident Of Serious Sexual Harassment
In order to establish a sexual harassment claim, an employee must show that the sexually harassing behavior was sufficiently severe or pervasive to alter the terms and conditions of employment. Although often ignored by courts when dismissing sexual harassment cases, sexual harassment is actionable if it is either sufficiently severe or pervasive. Thus, as… Read More »
Leave Under Family Medical Leave Act For Planned Surgery
The Family and Medical Leave Act (FMLA) grants an eligible employee the right to take 12 weeks of leave, over the period of any 12 months because, among other matters, the employee’s serious health condition that makes the employee unable to perform the functions of the employee’s position. An eligible employee who takes FMLA… Read More »
$350k Settlement Paid to Assistant Principal Who Was Demoted after Pregnancy
The Equal Employment Opportunity Commission (EEOC) has recently settled a lawsuit against the Palm Beach County School Board based on an employee’s claim of pregnancy discrimination and retaliation. The discrimination victim, Anne Williams Dorsey, will receive $350,000 from the school board as settlement of her discrimination claims. Dorsey had been an assistant principal at… Read More »
What Is Retaliatory Hostile Work Environment Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits an employer from retaliating against an employee for engaging in statutorily protected activity under Title VII, which is either opposing an act of discrimination prohibited by Title VII or participating in an investigation under Title VII. To establish a prima facie case… Read More »
Must Employers Appoint Employees With Disabilities To A Vacant Position As A Reasonable Accommodation Under The Americans With Disabilities Act?
The Americans with Disabilities Act (ADA) makes it unlawful for employers to discriminate 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. Thus, the ADA establishes a cause of action for disabled employees whose… Read More »
Claim of Gender Discrimination by Firefighter Moves Forward
In March of 2016, a Tampa firefighter filed a lawsuit alleging sexual discrimination against the Tampa Fire Department. A day later, the woman was fired from her job. The lawsuit makes numerous allegations regarding sexually harassing comments made to the woman, as well as discriminatory treatment she is alleged to have received as an… Read More »
Rash of Employment Discrimination Lawsuits Filed against FAMU
A local university has been the target of numerous lawsuits in recent months, all claiming that the school has treated its older, female, and minority employees unfairly on the job. Three of these lawsuits in particular make serious allegations of unfair wrongful termination and harassment. In August of 2016, Glenda McDougall filed a lawsuit… Read More »
What Are The Options Of A Sexual Harassment Victim?
In 1986, the U.S. Supreme Court held in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) that sexual harassment which is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile or abusive working environment is unlawful. Almost thirty years later, sexual harassment persists as a serious… Read More »
Employers Cannot Ignore An Employee’s Potential Need For An Accommodation Under The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. To establish a prima facie case of discrimination on the basis of disability, an employee must establish that he or she (1) has a disability within the meaning of the ADA, (2) is a qualified individual under… Read More »
