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James P. Tarquin, P.A. Motto
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Category Archives: Retaliation

Severance Pay doc, glasses, planner and pen on table

Employer Claims Employee’s Discrimination Complaint Is A Lie & An Attempt To Extort Severance Pay

By James P. Tarquin, P.A |

Title VII of the Civil Rights Act (Title VII) prohibits employers from discriminating against employees on the basis of race, color, national origin, sex, and religion. Title VII contains an anti-retaliation provision which prohibits employers from retaliating against employees for complaining about race, color, national origin, sex, or religious discrimination in the workplace. In… Read More »

stop racism stencil print on brick wall

Employer Allegedly Gave Employee A Choice: Drop The Racial Discrimination Claim Or Be Fired

By James P. Tarquin, P.A |

The federal employment discrimination laws prohibit employers from retaliating against employees for opposing any practice made an unlawful employment practice under the federal employment discrimination laws. Employees are protected by Title VII of the Civil Rights Act of 1964 (Title VII) from retaliation for complaining about race, national origin, sex, or pregnancy discrimination in… Read More »

You Are Fired written on notecard held by businessman

Employer Allegedly Solicited A Coworker Complaint Against Employee In Retaliation For Complaining About Race Discrimination

By James P. Tarquin, P.A |

Federal and Florida employment discrimination laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Florida Civil Rights Act, protect employees against retaliation when they complain about discrimination in the workplace. Federal and Florida employment discrimination laws prohibit retaliation because… Read More »

Three signs that read stop all harassment

Employee Claims Retaliation After Refusing To Work With Co-Worker Who Used Racial Slur

By James P. Tarquin, P.A |

Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from retaliation when they complain about racial discrimination or harassment in the workplace. Having represented victims of retaliation for almost twenty years, our Central Florida employment retaliation attorneys have learned that instead of addressing, let alone resolving, employee complaints… Read More »

Book that reads employee rights

Employees Are Protected From Retaliation When Giving Deposition Testimony In Employment Discrimination Lawsuits

By James P. Tarquin, P.A |

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, and religion. Under Title VII, employees are protected from retaliation for making a charge of discrimination, testifying, assisting, or participating in any manner in an investigation, proceeding, or… Read More »

Retaliation post it

Proving Retaliation When An Employer Fails To Offer An Explanation For An Employee’s Discharge

By James P. Tarquin, P.A |

Title VII of the Civil Rights Act of 1964 protects employees from retaliation for complaining about discrimination or harassment in the workplace, including sexual harassment. In the context of a retaliatory discharge claim under Title VII, an employer is obligated to articulate a legitimate, non-retaliatory reason for the employee’s termination. The employer’s burden is… Read More »

Woman holding a sexual harassmentsign

Court Finds That Alleged Sexual Harasser’s Retaliatory Intent Can Be Imputed To Employer For Purposes Of Retaliation Claim

By James P. Tarquin, P.A |

Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from retaliation for complaining about sexual harassment in the workplace. Having long represented employees victimized by retaliation for making a sexual harassment complaint, our Central Florida retaliation attorneys have learned that when a complaint is made against a sexual… Read More »

The retaliation sign

Proving A Retaliatory Discharge By Showing It Is Unlikely The Employer Would Have Acted On The Basis Of The Reason Given For Termination

By James P. Tarquin, P.A |

Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from retaliation for opposing discrimination or harassment on the basis of race, national origin, sex, pregnancy, and religion in the workplace. When attempting to prove a retaliatory discharge claim, employees can establish that the proffered reason for the termination… Read More »

Employment termination

Proving Retaliation When The Subject Of A Sexual Harassment Complaint Targets The Victim For Termination

By James P. Tarquin, P.A |

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from retaliating against employees for opposing any practice made an unlawful employment practice under Title VII. Under long standing law, an employee who makes an internal complaint of sexual harassment is protected from retaliation by Title VII. Having represented employees victimized… Read More »

retaliation sign

Smoking Gun Evidence: Direct Evidence Of A Retaliatory Motive

By James P. Tarquin, P.A |

Generally, courts have defined direct evidence of retaliation as evidence which proves the existence of a retaliatory motive without inference or presumption. Stated another way, direct evidence of retaliation is a statement by an employee who was involved in the challenged employment decision which constitutes “smoking gun” evidence of a retaliatory motive. For example,… Read More »

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