Category Archives: Employment Discrimination
Court Finds Employee Entitled To Jury Trial On Discriminatory Failure To Promote Claim After Evaluating Evidence As A Whole
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees because of their race, color, national origin, sex, or religion. It is well-established that failing to promote an individual because of his or her race, color, national origin, sex, or religion is an unlawful employment practice under… Read More »
Employee Provides Job Applicant With Information Reflecting A Retaliatory Failure To Hire
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from retaliation when complaining about discrimination in the workplace, including filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). Having substantial experience litigating employment retaliation cases, our Central Florida retaliation attorneys have learned that it is not… Read More »
Are After-The-Fact Justifications For An Employment Decision Evidence Of Discrimination?
In the employment discrimination litigation context, employers are required to come forward with a legitimate, non-discriminatory reason for the challenged employment decision. Generally, employers are not permitted to justify an employment decision based on information uncovered after the decision was made. In other words, information discovered after the employment decision was made cannot form… Read More »
Can Remarks Made After An Employee’s Termination Be Used To Show A Discriminatory Discharge?
In the context of employment discrimination law, courts have consistently held that evidence establishing that an employer’s asserted reason for the challenged employment decision is false creates an inference that the employer might be covering up a discriminatory motive. In fact, courts have determined that a jury is permitted to infer a discriminatory motive… Read More »
Can An Employer’s Failure To Follow Its Progressive Discipline Policy Give Rise To A Discrimination Case?
A common myth in employment discrimination law is that an employee must show that the employer’s reason for the challenged employment decision was a lie, had no basis in fact, or was conjured up out of thin air in order to prevail. Although this type of evidence can be used to prove a discrimination… Read More »
Can An Employer Discriminate Against Employees By Giving Them More Burdensome Work Duties?
As part of establishing a prima facie of discrimination, an employee must show that he or she was subjected to an adverse employment action. Courts generally define an adverse employment action as one that materially affects the compensation, terms, conditions, or privileges of the employee’s employment. In most cases, an adverse employment action involves… Read More »
Employees File Class Action Suit After Mass Layoff
Ocala employment law attorneys at James P. Tarquin, P.A. discuss Miami ad agency facing class action lawsuit over mass layoff in violation of WARN Act.
