“Think before you speak.” That’s a lesson we all learn at some point between childhood and early adolescence, right? Often, it’s a lesson instilled in us by our parents, and at times, we learn the lesson only after an embarrassing “foot in mouth” experience. Apparently, there is at least one full-grown adult out there who … Continue Reading
It’s unfortunate, but it’s reality. The list of politicians engaging in sexual “shenanigans” — from President on down — continues to grow. Just last week news broke that 40-year old Vance McAllister, a newly elected member of the U.S. House of Representatives, was caught on surveillance video kissing Melissa Peacock, McAllister’s 33-year old female staffer, … Continue Reading
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading
While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming. The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading
In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading
A little over a year ago we blogged about a Texas federal trial court ruling that Title VII did not cover lactation in the case EEOC v. Houston Funding II, Ltd.. Click here for link to post. Now, the Fifth Circuit Court of Appeals, which has jurisdiction over Texas, has reversed the trial court and … Continue Reading
On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading
The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions. The EEOC Enforcement Guidance can be found here. The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading
As we blogged about in December, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) recently found that transgender employees are protected against job discrimination pursuant to the Equal Protection Clause, which only applies to public sector employees. Whether or not the same protection was available under Title VII, which applies … Continue Reading
In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII. Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … Continue Reading
A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading
The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court. The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading
Last week, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) ruled in favor of Vandiver Elizabeth Glenn, an employee who was fired after informing her employer, the Georgia Legislature, that she was a transsexual and planned on undergoing a complete gender transformation from male to female. Glenn sued the Georgia … Continue Reading
Christmas music was playing in the mall this past weekend…it’s official, the Holidays are here! The Holidays are a great opportunity for your employees to celebrate and unwind after a long year. The season can also bring employment issues including but not limited to claims of religious discrimination, sexual harassment and liability for your company. … Continue Reading
Are you allowing your employees to dress up as ghosts, goblins and ghouls this Halloween? Celebrating Halloween in the workplace is a “treat” but employers should be aware of the risks. Here are some “real life” workplace horror stories: Religious Discrimination: The Equal Employment Opportunity Commission (“EEOC”) sued a company for firing an employee, who … Continue Reading
On September 8, 2011, President Obama presented to Congress the “American Jobs Act.” Buried in the proposed bill is a section called the “Fair Employment Opportunity Act of 2011,” making it unlawful for employers with 15 or more employees and employment agencies to discriminate against job applicants based on their status as unemployed. If passed, the … Continue Reading
For the first time, in Hispanics United of Buffalo, Inc., an Administrative Law Judge has found a violation of the National Labor Relations Act in a social media case brought by the General Counsel of the National Labor Relations Board (“NLRB”). As addressed in the earlier post, NLRB OKs Employee Bad-Mouthing on Social Media, the General Counsel … Continue Reading
The U.S. Supreme Court ended its term this week. As the Justices start their three-month vacation, employers should reflect on two important decisions from the Court’s last term dealing with class actions. What are the takeaways? (1) One-size-fits-all class actions for discrimination cases won’t cut it. This year’s blockbuster case, Dukes v. Wal-Mart, was … Continue Reading
A Florida appellate court (Alexis v. Ventura, Fla. 3d DCA June 29, 2011) has revived an employee’s tortious interference against her former supervisor. Ketlyne Alexis originally sued her former employer, Arbor E & T, for harassment and discrimination. Alexis then added Lilliam Ventura, her immediate supervisor, as a defendant to a tortious interference claim in … Continue Reading
Florida’s Third District Court of Appeal recently reversed a hefty jury verdict in favor of the employee and directed the trial court to enter final judgment in favor of Florida International University (“FIU “). See St. Louis v. FIU, Third District Court of Appeal, No. 3D08-2316, March 30, 2011. The case was a big win for … Continue Reading
This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint. See Thompson v. North American Stainless, LP 131 S.Ct. 864 (2011). North American Stainless fired Eric Thompson just three weeks after receiving notice of a charge of discrimination filed by his co-worker and fiancé Mariam … Continue Reading
A Florida appellate court, in Rivera v. Fla. Unemployment Appeals Commission and Pollo Operations, Inc., has directed Florida’s unemployment agency to give unemployment benefits to a woman who voluntarily quit her job. The woman, Nail Rivera, worked at Pollo Tropical restaurant for nine years when she complained that an assistant manager touched her buttocks. Ms. Rivera … Continue Reading
