Category Archives: Discrimination & Harassment

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“You’re Too Experienced” – Age Discrimination?

Ver la versión en español aquí In January 2015, the Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in Miami, Florida, against Seasons 52, a national restaurant chain.  The EEOC alleged Seasons 52 discriminated against older job applicants at 35 of its restaurants nationwide. During the litigation, the EEOC presented testimony from over 135 … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

Retaliation Claims: Shield, Sword, or Both?

Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect … Continue Reading

REGISTRATION OPEN! 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Please join us for our 28th Annual Labor & Employment Law Seminar Friday, April 27th from 8am-4pm at the JW Marriott Marquis Miami. Our annual seminar draws hundreds of human resource professionals, in-house counsel and senior executives from South Florida’s top businesses. And for good reason! No one does events quite … Continue Reading

#MeToo Movement Motivating State AGs to Seek Changes in Federal Law

Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims.  They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading

Does Sexual Harassment Training Work?

Ver la versión en español aquí The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a … Continue Reading

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements.  The new tax act follows suit by including a provision … Continue Reading

Happy Holidays, or Is It? Steering Clear of Religious Discrimination and Other Landmines During the Holidays!

Ver la versión en español aquí It’s that time of year again. The holidays are wonderful, but can produce some dicey situations for your HR Department. The holidays mean a lot of things to different people: whether it’s playing dreidel, decorating a Christmas tree, or doing nothing at all. Employers need to be mindful of … Continue Reading

Headline News! HR Tips to Curb Harassment and Discrimination

Ver la versión en español aquí While several well-known corporate executives, movie stars, government officials and other high profile people have been facing sexual harassment claims in recent weeks (and the list seems to increase daily), the issue is most assuredly not limited to those in the public eye.  All employers are wise to use … Continue Reading

Halloween is a Scary Time for Employers

Ver la versión en español aquí I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are … Continue Reading

What’s the Effect of the Sessions’ Memo on Transgender Discrimination?

Ver la versión en español aquí On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum advising that the U.S. Department of Justice will no longer take the position that Title VII (the law which prohibits discrimination based on sex, race, color, national origin, and religion) prohibits discrimination based on “gender identity per … Continue Reading

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading

EEOC Sues to Give Fathers the Same “Maternity” Leave as Mothers

Ver la versión en español aquí In last week’s blog, I highlighted Facebook CEO Mark Zuckerberg’s announcement that he’ll be taking 2 months off work following the birth of his daughter later this year (even though, presumably, he would be entitled to 12 weeks under the FMLA, and 4 months under Facebook’s policy). Well, paternity leave … Continue Reading

Did a Florida Appellate Court Just “Dis” an Employment Agreement’s Arbitration Provision?

Ver la versión en español aquí Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons.  Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove … Continue Reading

Google’s Pay Policy: Good? Or Too Good to Be True?

techVer la versión en español aquí In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records.  While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was … Continue Reading

Employer’s Honest Mistake Bests FMLA Retaliation Claim

We all know that honesty is the best policy but what about an honest mistake?  Can an honest mistake save you from liability in a retaliation lawsuit under the Family and Medical Leave Act (FMLA)? Just last month, federal appeals court in Pennsylvania said – Yes. In Capps v. Mondelez Global, LLC, the federal 3rd … Continue Reading

The EEOC Rings Out 2016 with End of the Year Stats

Ver la versión en español aquí We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year … Continue Reading

Warnings for Your Company Holiday Party

Ver la versión en español aquí It is that time of year again – Holiday Party Season!  What’s a party without alcohol, and what’s a law blog without a curmudgeon preaching moderation and reasonableness? (Paramount Pictures’ 2016 trailer for Office Christmas Party shows just how out of control these parties can get!) We all know the … Continue Reading

Could the Applicant Salary History Question Become History?

Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading

Employment is Now-But is a Separation Agreement Still Forever?

Ver la versión en español aquí It’s time!  An employee needs to go.   The departure needs to be a clean break with no threat of future litigation.   A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading

Federal Court Gets Cat Scratch Fever

Ver la versión en español aquí  The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision.  The phrase comes from an Aesop fable where a conniving monkey convinces a … Continue Reading
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