Category Archives: Discrimination
No Pretext for Illegal Discrimination: How Florida Businesses Can Protect Themselves Against Baseless Accusations
Florida employers need to carefully document key employment-related decisions, such as when and how to promote certain employees. It is far too easy to fall into a trap where a disgruntled employee turns around and files a lawsuit alleging illegal discrimination when they have been denied a promotion. Under federal law, an employer can… Read More »
“Don’t Complain or We Might Get Sued!” Why Florida Employers Need to Avoid Discouraging Employees from Voicing Concerns About Workplace Discrimination
Florida employers need to exercise care when dealing with employees who have alleged illegal discrimination in the workplace. Even if the allegations of discrimination prove to be unfounded, you cannot punish the employee who initially made the complaint. Such acts of “retaliation” are also illegal. Of course, you can still discipline or fire an… Read More »
Supervisor Liability: When a Supervisor’s Actions Expose Employers to Lawsuit
With the prevalence of claims against harassers as part of the #metoo movement, this is an excellent time for employers to review their policies and procedures as they relate to reporting harassment and handling complaints of harassment. A common misconception by many Florida employers is that they are not responsible for the actions of… Read More »
Are Unpaid “Volunteers” Protected Under Employment Discrimination Laws?
With sexual harassment continuing to draw national attention in the wake of the #MeToo movement, it is important more now than ever that employers are cognizant of their responsibilities to their employees under the law – including volunteers. Title VII of the federal Civil Rights Act of 1964 and the Florida Civil Rights Act… Read More »
Eleventh Circuit Reinforces Convincing Mosaic Standard in Gender and Race Discrimination Cases
The case of Lewis v. Union City, Georgia, No. 15-11362 (11th Cir. December 15, 2017) involved perception of disability and the convincing mosaic standard for her race and gender claims. Jacqueline Lewis is an African American police detective who was terminated from her position after ten (10) years of service based on the allegation… Read More »
Responding to Employee Complaints in the Workplace: Best Practices for Business Owners, Employers, and Managers
Are you an employer who received a complaint from an employee concerning employment discrimination or sexual harassment? The first question any employer has in this circumstance is what to do. Have a System in Place to Receive Complaints What are best practices for employers, business owners, and managers who receive complaints from employees? First… Read More »
What is a Charge of Discrimination?
If you have been the subject of employment discrimination or retaliation in Florida, you may be considering what steps you need to take to protect your rights under the law. Under Florida state law as well as federal law, there are important prerequisites an employee must take to preserve their abilities to bring a… Read More »
What Does It Mean to File a Charge of Discrimination and Who Can File One?
If you believe you have been discriminated or retaliated against at your Florida workplace due to your race, religion, national origin, gender, genetic information, disability, age, or sexual orientation, or even if you are an employer who is facing a discrimination charge, you are likely to have a lot of questions about how the… Read More »
What Happens During the EEOC and FCHR Investigation Process After I File a Charge of Discrimination against my Florida Employer?
So, you realized you may have an employment discrimination claim. If you’re at the point where you’ve gotten your ducks in a row and filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) and/or Florida Commission on Human Relations (FCHR), you may then be wondering, what happens next? At first… Read More »
Am I Protected Against Pregnancy Discrimination Under Florida Law?
There are many ways in which women may face employment discrimination, from unequal pay to pregnancy discrimination on the job. If you work in Florida and were terminated or demoted after your employer found out you were pregnant, what kinds of protections exist under current law? Until 2015, the Florida Civil Rights Act (FCRA)… Read More »
