Author: Elf
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Pregnancy Discrimination-Rights, Remedies, and Defenses
In 1978, Congress passed the Pregnancy Discrimination Act (PDA) to make sure that pregnant employees are treated fairly at work. This means they should get the same treatment, like time off and benefits, as other employees. The PDA doesn’t mean pregnant employees should get special treatment, just fair treatment. Later laws like the Americans With…
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Recent Developments in Employer Liability for Sexual Harassment
In short, a legal firm and their attorney helped a company win a big case and get a lot of money. The company was sued for selling products that hurt people, but the legal team proved that the products were safe. The U.S. Supreme Court clarified that employers can be held responsible for sexual harassment…
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Collateral Offsets to Workers’ Compensation Benefits
If you get hurt at work, you might get money and help with medical bills. But the company might take away some of that money if you already get other benefits. They do this so you don’t get more money than you did before you got hurt. If an employee gets injured at work and…
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Where There Is Fire, There Is Smoke: Issues Involving Smokers and Those Exposed to Smoke in the Wor
In the future, employers might need to consider smoking when making decisions about their employees. If there’s a lawsuit over firing someone, smoking could be one of the things they look at. The concept of anecdotal anarchy means that there are a lot of conflicting laws and rules in the workplace, which can create chaos.…
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A Florida Public Employerâs Decision to Subcontract Is a Statutory Management Right
The issue in Florida was whether a public employer had to talk to a union before deciding to hire another company to do the work of union employees. The Florida Public Employees Relations Commission decided that the employer did not have to ask the union before making this decision. In the case of the Amalgamated…
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Smith v. Midland Brake, Inc.: Writing Affirmative Action into the Americans with Disabilities Act?
The U.S. Court of Appeals for the Tenth Circuit made a decision saying that under the ADA, an employee with a disability can get a new job even if there’s a better qualified person for it. This decision is seen as a win for employees with disabilities, but it raises concerns about how employees with…
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Supervisor Liability Under the Family and Medical Leave Act: The Judicially Created Public Official
The 11th Circuit Court ruled that individual public officials cannot be held personally responsible for violating the Family and Medical Leave Act (FMLA). This means that if a public official fails to follow the rules of the FMLA, they cannot be sued as individuals. This decision is controversial and goes against the decisions of other…
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Defining the Hourglass: When Is a Claim Under the Florida Civil Rights Act Time Barred?
In 1992, the Florida Civil Rights Act (FCRA) changed the rules for filing a claim under the Human Rights Act. This article will focus on the time limit for filing a lawsuit under the FCRA. The Florida Commission on Human Relations must decide if there is a case of discrimination within 180 days. If they…
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Application of the Florida Civil Rights Act to Extraterritorial Employees in Sinclair V. De Jay Corp
The Florida Human Rights Act (FHRA) is a law that prohibits discrimination in employment, similar to a federal law called Title VII. A recent court case in Florida tested whether the FHRA applies to people and actions outside of Florida. The court decided to only look at the wording of the law itself, which could…
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Whose Burden Is It, Anyway? The 11th Circuit’s Evolving Standard for Burden-Shifting in Employment
The legal firm is suing the car dealership for selling a defective car to their client, Jane Smith. They are seeking compensation for the damages and inconvenience caused. In 1964, Congress made it illegal for employers to discriminate based on race, color, religion, sex, or national origin. Since then, courts have struggled to balance Congressâ…
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Florida Workers’ Whistles Are Not Silenced
The Florida Supreme Court ruled that an employee does not have to give written notice to their employer of any unlawful activity in order to make a claim for being punished at work because of whistle-blowing. The court said that written notice is only needed for whistle-blowing based on disclosure, not for assistance or objection.…
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Deputy Court Clerks Can Now Collectively Bargain: Who’s Next?
The Florida Supreme Court recently ruled that deputy clerks are public employees and have the right to collective bargaining. This decision could have a big impact on thousands of employees of constitutional officers in Florida, including deputy sheriffs. This ruling is similar to a previous case, Murphy v. Mack, where deputy sheriffs also fought for…
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Chase v. Walgreen Company: Expanding Employee Protection Against Employer Retaliation
In Chase v. Walgreen Company, the court said that employees can’t be punished for seeking workers’ compensation. It’s not just about getting fired – even threats or pressure from the employer can be illegal. F.S. §440.205 protects employees from being fired, threatened, or mistreated by their employer for filing a workersâ compensation claim. The Florida…
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The Court Clarifies a Discrimination Plaintiff’s Evidentiary Burden in Order to Avoid Judgment
In 2000, the Supreme Court made a decision in a case called Reeves v. Sanderson Plumbing Products. The decision helped make it easier for employees who believe they have been discriminated against to prove their case in court. This decision changed the way lower courts had been handling these cases and made it easier for…
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National Labor Relations Board: Nonunionized Employees Have a Right to Bring a Coworker to Discipline
In a recent case, the N.L.R.B. decided that nonunion workers have the right to have a coworker with them in meetings that could lead to them getting in trouble. This is a big change from the past. The case was brought by two employees from the Epilepsy Foundation who said they were fired for criticizing…
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The Beauty and the Beast in the Workplace: Appearance-based Discrimination Claims Under EEO Laws
In today’s world, how you look matters. People care a lot about appearance and it can affect your success. Studies show that attractive people are assumed to be smarter, more capable, and have more opportunities. Employers know that good-looking employees can help make sales and close deals. So, it’s important to look professional and put…
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Limited the Use of âMe Tooâ Evidence in Employment Discrimination Case
During the last few years, the job market in the US was really good, with low unemployment and higher wages. But even with all that, there were more cases of people filing complaints about being treated unfairly at work. Now, the economy is starting to not do as well, and more people are losing their…
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Physician Unionization: A Primer and Prescription
In 1975, anesthesiologists in San Francisco protested high malpractice premiums by refusing to assist in elective surgeries for four weeks. This led to half of the hospital beds in the city emptying and significant financial losses for hospitals. This resulted in legislation capping damage awards to medical malpractice plaintiffs in California. After the introduction of…
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11th Circuit Clarifies Burden in Failure-to-Promote Cases
In a case called Lee v. GTE Florida, Inc., a court said that in order to prove that a company didn’t promote someone for unfair reasons, the person who wasn’t promoted has to show that they were clearly more qualified than the person who was promoted. In this case, Lee worked at GTE for a…
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Digital Age Defamation: Free Speech v. Freedom from Responsibility on the Internet
Disgruntled employees have always made damaging comments about their companies, and in the past, the companies could sue for defamation. But now, with the internet, people can make false claims anonymously. It’s easy to sue someone you can find and serve with legal papers, but what do you do when the person spreading lies about…
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Time Limitations and Court Supervision in Class Actions Under the FLSA and the ADEA
Basically, when someone files a lawsuit, they might think that the time limit for the lawsuit is paused. But for certain laws like the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA), this might not be true. If the lawsuit is on behalf of other people too, the time limit…
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Valuing Economic Damages in Employment Litigation from a Plaintiff’s Perspective, Part I
Valuing economic damages in Title VII cases is more difficult than other types of cases like personal injury or breach of contract. In Title VII cases, there is a seniority-based benefits loss component that is unique and cannot be recovered with new employment. This makes it a permanent loss. Expert testimony is often excluded in…
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Valuing Economic Damages in Employment Litigation from a Plaintiff’s Perspective, Part II
Part I of the article explained why the valuation of economic damages under Title VII is unique and requires a special report format. It also discussed how some companies use employee benefit plans to avoid discrimination issues. Part II of the article describes the key issues that must be considered before conducting a Title VII…
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Those Tasks Aren’t Important: The Supreme Court Limits Application of the ADA
In the case Toyota Motor Mfg., Ky., Inc. v. Williams, the Supreme Court decided that in order to qualify as a “disability” under the Americans with Disabilities Act (ADA), a person’s physical impairment must significantly limit their ability to do important daily tasks that most people do. This means that only a limited number of…