Tag Archives: discrimination

Halloween is a Scary Time for Employers

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 perfectly fine at a private party … Continue Reading

What’s the effect of the Sessions’ memo on transgender discrimination?

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 se, including transgender status.” What does … Continue Reading

Our group is growing – Tampa here we come!

This is an exciting time for the Firm, our Labor & Employment Law Department and our clients. We are pleased to welcome two new members to our group and to expand our footprint in Tampa. Janet Goldberg McEnery and Andrew W. McLaughlin each brings a wealth of knowledge and experience and a unique perspective to … Continue Reading

Employees Behaving Badly III: Now What?

This is the second time my post discusses Donald Trump, except now he is President-elect Donald Trump.  Much has been written in the week since his election regarding how his presidency may impact employers.  Overall, the consensus seems to be that established laws such as Title VII and the Americans with Disabilities Act, for example, … Continue Reading

Halloween Costumes at Work Could be “Tricky”

At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer.  First, while many will revel in the opportunity to wear a costume to work and to enjoy … Continue Reading

Federal Court Gets Cat Scratch Fever

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 naïve cat to reach into a … Continue Reading

Words Matter: Preparing For A Reduction In Force

A few weeks ago, four former Hewlett-Packard employees between the ages of 52 and 63 filed a class action lawsuit in California alleging that HP engaged in age discrimination, and terminated their employment, in connection with a paring-down and restructuring of its workforce. HP has denied the allegations of discrimination, stating that, “[t]he decision to implement … Continue Reading

What Employers Need to Know about Zika

The Zika virus — a disease spread primarily through mosquito bites — continues to make international headlines. While the virus is not new, it is new to the Americas. According to the U.S. Centers for Disease Control (CDC), outbreaks have been reported in at least 51 countries or territories. Brazil has been the country most affected … Continue Reading

There is a New EEOC “Sheriff” in Town!

I recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and the U.S. Virgin Islands.  Federico Costales was … Continue Reading

Employees Behaving Badly II: Did He Really Say That?

I am not a fan of reality TV. However, in this reality TV election season, it is hard to tear my eyes (and ears) away from the barbs being exchanged primarily between the Republican candidates. Whether you support him or not, you have to admit that Donald Trump says things that make people cringe. From an HR … Continue Reading

Law Would Ban Florida Employers From “E-Stalking”

Not long ago, we blogged about social media as a blessing and a curse for employers.  On the one hand, social media help businesses market products and services; on the other, social media provide employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) this negative attention, a small universe … Continue Reading

The “Accidental” Termination?

Rumors of more potential layoffs have been circulating for quite some time at the once internet giant, Yahoo. Despite reductions in its workforce by 14% in 2014, Yahoo’s economic woes continue.  So, it was not necessarily a surprise when approximately 30 employees were laid off in late January even after statements by Yahoo’s CEO denying … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

The Pros and Khans of Good Workplace Management

Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, is indentured into servitude by his … Continue Reading

Who Needs Congress When We Have The EEOC?

Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s historic decision in Obergefell on June … Continue Reading

Delivering A New Florida Law: Pregnancy

Two hours at the gym, a full face of make-up and your best feel-good outfit: that’s how many a girls’ night out begins. But this one ended abruptly when a young woman claims she was turned away from a bar whose owner thought she was pregnant. Last month, a local Jacksonville, Florida news channel aired … Continue Reading
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