Category Archives: Employment Discrimination
When An Employee Signs A Severance Agreement Must The Money Be Returned As A Precondition To Filing A Lawsuit?
Having fought for the rights of victims of employment discrimination for almost twenty years Citrus County employment law attorneys have learned that employers frequently offer victims of employment discrimination a severance agreement after terminating their employment. Knowing the employee is emotionally and financially vulnerable, employers exploit that vulnerability by offering to pay the employee… Read More »
Can Florida Workers Record a Conversation at Work?
Having litigated employment harassment and discrimination cases for almost twenty years, our Citrus County, Florida employment law attorneys know that claims of workplace sexual harassment or discrimination can be tricky to prove without documentation, witnesses, and other evidence to back them up. If your employer seems to only make their discriminatory or harassing comments… Read More »
How Courts Dismiss Employment Discrimination Cases: The “Honest Belief Rule”
Having litigated employment discrimination cases for almost twenty years, our Citrus County, Florida employment law attorneys have learned that courts have come up with a plethora of judicially-created rules that are used to nullify employment discrimination laws and dismiss employment discrimination cases. One such judicially-created rule is the “honest belief rule.” Simply stated, the… Read More »
Are Employees Protected From Discrimination Based On Their Association With A Person Of Another Race?
Title VII of the Civil Rights Act of 1964 (Title VII) forbids employers from discriminating against any employee with respect to his or her compensation, terms, conditions, or privileges of employment because of such employee’s race. As explained by the U.S. Sixth Circuit Court of Appeals in Barrett v. Whirlpool Corp., 556 F.3d 502… Read More »
Can A Discriminatory Failure To Promote Be Proven With Evidence That An Unqualified Individual Was Selected?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits an employer from discriminating against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin. Under Title VII, employees are protected against discrimination with respect to… Read More »
Why Do Employers Try To Get Employees To Quit?
Under federal employment discrimination laws, unlawful discrimination occurs when an employer takes an adverse employment action against an employee for a discriminatory reason. Under the anti-retaliation provisions of federal employment discrimination laws, unlawful retaliation occurs when an employer takes an adverse employment action against an employee for a retaliatory reason. Courts have determined that… Read More »
Does Federal Law Prohibit Employment Agencies From Engaging In Discriminatory Advertising?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of race, color, national origin, sex, or religion. As explained by the U.S. Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), Congress passed Title VII “to ensure equality of employment… Read More »
Can A Formulated Plan To Fire An Employee Be Evidence Of Discrimination?
As observed by the U.S. Third Circuit Court of Appeals in Sheridan v. E.I. DuPont de Nemours & Co., 100 F.3d 1061 (3d Cir. 1996), “cases charging discrimination are uniquely difficult to prove and often depend upon circumstantial evidence.” Indeed, the U.S. Second Circuit Court of Appeals explained in Chambers v. TRM Copy Ctrs…. Read More »
Is An Employer’s Violation Of Its Own Promotion Policies Evidence Of A Discriminatory Failure To Promote?
Federal employment discrimination laws make it an unlawful employment practice for an employer to fail or refuse to promote an employee on the basis of race, color, religion, sex, pregnancy, national origin, age, or disability. Having extensive experience representing employees discriminatorily denied promotion, our Citrus County, Florida employment discrimination attorneys have learned that employers… Read More »
Can A Termination Decision Which Exhibits Bad Business Judgment Be Evidence Of Discrimination?
In the employment discrimination context, employers do not have to establish “good cause” for a termination decision. As explained by the U.S. Eleventh Circuit Court of Appeals in Damon v. Fleming Supermarkets of Florida, Inc., 196 F.3d 1354 (11th Cir. 1999), “an employer may fire an employee for a good reason, a bad reason,… Read More »
