Recent Blog Posts
Are Sexist Remarks Evidence Of A Discriminatory Failure To Promote?
Having litigated employment discrimination cases for almost twenty years, our Alachua County, Florida employment discrimination attorneys have learned that women continue to be denied promotional opportunities because of their gender. Although Title VII of the Civil Rights Act of 1964 (Title VII) made gender discrimination an unlawful employment practice more than 50 years ago,… Read More »
Must Employers Translate A Sexual Harassment Policy Into Spanish For Employees Who Speak & Read Only Spanish?
An employer’s liability for sexual harassment depends on whether the harasser is a co-employee or a supervisor. In the context of sexual harassment by a co-employee, an employer is liable for the harassment if it failed to take prompt and effective remedial action to prevent the harassment from continuing after it knew or should… Read More »
Proving Retaliation When Employers Begin Finding Problems With An Employee After A Discrimination Complaint
The federal employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act, and the Age Discrimination in Employment Act (ADEA), contain anti-retaliation provisions. The anti-retaliation provisions protect employees from retaliation when they complain about perceived discrimination in the workplace. Unlawful retaliation occurs when… Read More »
Can Remarks Reflecting Age-Based Stereotypes Be Used To Prove Age Discrimination?
Under Age Discrimination in Employment Act (ADEA), it is unlawful for an employer to discriminate against an individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s age. The ADEA prohibits discrimination against individuals who are at least forty years of age. As explained by the… Read More »
Employee Fired After Being Told That Store Manager Was “Going After Older People”
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees on the basis of age. Patterned after Title VII of the Civil Rights Act of 1964, the ADEA prohibits discrimination based on age against employees aged 40 and over. “One purpose of the ADEA,” as explained by the U.S. Eighth Circuit… Read More »
Can Florida Workers Record a Conversation at Work?
Having litigated employment harassment and discrimination cases for almost twenty years, our Citrus County, Florida employment law attorneys know that claims of workplace sexual harassment or discrimination can be tricky to prove without documentation, witnesses, and other evidence to back them up. If your employer seems to only make their discriminatory or harassing comments… Read More »
Is Firing An Employee For Failing To Do Something That Was Not Her Job To Do Evidence Of Retaliation?
Having represented victims of employment retaliation for almost twenty years, our Alachua County, Florida retaliation attorneys have learned that employers often look for a reason to terminate employees who have complained about perceived discrimination or harassment in the workplace, such as using a paper trail to justify termination. As observed by the Florida Second… Read More »
Is Failing To Provide An Employee With An Accommodation Evidence Of Disability Discrimination?
The Americans With Disabilities Act (ADA) was enacted to eradicate discrimination against employees with disabilities and to ensure equal treatment for employees with disabilities. As explained by the U.S. Third Circuit Court of Appeals in Taylor v. Phoenixville School District, 174 F.3d 142 (3d Cir. 1999), “[d]iscrimination under the ADA encompasses not only adverse… Read More »
Employee Fired After Complaining About Discrimination From Supervisor Who Wanted “Someone Of A Different Race”
Under Title VII of the Civil Rights Act of 1964 (Title VII), an employer cannot retaliate against an employee because the employee has complained about discrimination on the basis of race, color, national origin, sex, or religion. As explained by the U.S. Second Circuit Court of Appeals in Matima v. Celli, 238 F.3d 69… Read More »
How Courts Dismiss Employment Discrimination Cases: The “Honest Belief Rule”
Having litigated employment discrimination cases for almost twenty years, our Citrus County, Florida employment law attorneys have learned that courts have come up with a plethora of judicially-created rules that are used to nullify employment discrimination laws and dismiss employment discrimination cases. One such judicially-created rule is the “honest belief rule.” Simply stated, the… Read More »