On Monday, a federal judge granted an employee’s motion for summary judgment, finding, as a matter of law, that she was the victim of unlawful employment discrimination. In the fall of 2013, Syrenthia Dysart, a nurse at Palms of Pasadena hospital, was prevented from caring for a patient because of the color of her skin. […]
Category: Discrimination
Florida Supreme Court: Florida Law Prohibits Pregnancy Discrimination
As those of us who represent employees in Florida have long suspected, the Florida Supreme Court confirmed today that pregnancy discrimination is a prohibited by the Florida Civil Rights Act (“FCRA”). Although it is not specifically enumerated as a protected status in the FCRA, because pregnancy is a condition unique to women, pregnancy discrimination is […]
Senate Votes to Protect LGBT Workers from Discrimination
Yesterday, the United States Senate voted (64-32) to pass the Employment Non-Discrimination Act (“ENDA”). Although ten republican senators voted in favor of the legislation, there is little hope that it will pass the republican-controlled House of Representatives given Speaker John Boehner’s lack of support. Still, this is a move in the right direction for equal […]
Pinellas County To Protect the Rights of Transgendered Individuals
In a 6-1 vote, and over the protests of many, the Pinellas County Board of County Commissioners voted to change the word “sex” to “gender.” While this may seem to be a minor change, it opens up the anti-discrimination ordinance to an entirely new class of people: transgendered individuals. This means that an employee can […]
U.S. Supreme Court Limits Employee Rights Under Title VII.
Yesterday, the U.S. Supreme Court issued two opinons limiting an employee’s rights under Title VII. Title VII retaliation claims must be proved according to traditional principles of but-for causation, not the lessened causation test stated in §2000e–2(m). In University Of Texas Southwestern Medical Center v. Nassar, the Court held that in retaliation cases – as […]
Yet Another Summary Judgment Reversal in the Eleventh Circuit
There is something interesting going on in the 11th Circuit lately. Summary judgments in employment cases are being reversed. Kragor v. Takeda Pharmaceuticals America, Inc. is the latest in a slew of reversals this year. In this case, the corporate executive who terminated the plaintiff for alleged misconduct later said that the plaintiff was an exceptional employee who […]
Employee Rights Group Releases A Critical Report on the Florida Commission on Human Relations
The Florida Chapter of the National Employment Lawyers Association, a group of lawyers dedicated to representing employees in employment matters, has released a report on the Florida Commission on Human Relations (FCHR) – and it is not a favorable one. The report addresses many concerns with the way the FCHR handles discrimination claims and makes […]
Eleventh Circuit Affirms Jury Verdict in Favor of Pregnant Employee and Rejects Expansion of After-Acquired Evidence Doctrine
On April 17, 2012, the Eleventh Circuit issued a published opinion affirming a jury verdict in favor of Lisa Holland, a former Hillsborough County Sheriff’s Office employee who was terminated due to her pregnancy. The Court reinstated her full $80,000 back pay award bringing Holland’s total damages awarded by the jury to $90,000. The Court […]
Which Federal Employment Laws Apply to My Employer?
Different companies are subject to different federal employment laws based on their size. Below is an overview of the federal employment laws that affect companies with certain numbers of employees. There may be additional state laws that apply which are not discussed here. 1+ EMPLOYEES Although smaller companies are exempt from certain requirements, […]
Why do I have 21 days to consider this severance agreement and other common severance issue
When an employee receives a severance offer, they are often shocked to see in the agreement that the employer is telling them to consult a lawyer, that they have 21 days (or sometimes 45 days) to consider the agreement, and that they have seven days after they sign the agreement to change their mind.
Why do […]