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Boca Raton Employment Law Blog

Company sued for seeking family medical history from new hires

Many of our South Florida readers may know that the Americans with Disabilities Act prohibits workplace discrimination based not only upon an actual disability, but also against discrimination based upon a perceived disability. In 2008, Congress passed and the president signed into law a measure aimed at eliminating discrimination based upon a worker’s genetic information. The law, known as the Genetic Information Nondiscrimination Act, is one claim involved in a new workplace discrimination lawsuit.

The Equal Employment Opportunity Commission says that a nursing home and rehabilitation center subjected job applicants to post-offer medical examinations. In today’s health conscious culture, medical checks seem to be becoming more commonplace. However, the EEOC says that the East Coast nursing and rehab facility allowed doctors to request family medical histories during the post-offer medical examinations. Employees were required to go through a similar process annually after being hired for a job, apparently with the family medical history being a part of the continuing medical checkups.

Former worker sues ITT Technical Institute for sexual harassment

We have discussed the issues of workplace harassment and employment discrimination in a variety of contexts. Essentially, harassment can be a discriminatory practice, and often allegations of harassment can be entwined with employment discrimination. Our Florida readers may not be surprised that the two can be entwined, but the standards under the law are distinct. Employment harassment and discrimination lawyers may often bring separate counts in a lawsuit brought on behalf of a worker who has suffered such unlawful conduct in the workplace.

A recent story from California highlights how allegations can not only cross the lines of the law, but also may cross the lines between legal offenses. A woman who formerly worked for an ITT Technical Institute on the West Coast says that her former boss engaged in egregious conduct in the workplace for many of the six years that she worked for the institution as an admissions counselor.

Sales rep sues Merck for sex discrimination

A woman has filed a class-action sex discrimination lawsuit against the drug maker Merck and company. The woman says that the giant pharmaceutical company engages in widespread discrimination against female employees. She reportedly works as a senior sales rep for the company, but says that policies within the company harm the chances for female employees to gain promotions, or even get a job with the drug maker in the first place.

The sales rep says that she took maternity leave in 2010. The employment discrimination lawsuit alleges that managers and directors of the company see a decrease in pay as a matter of policy when workers take legally protected leave. As a result of that policy, female workers see discrimination in the workplace. She says that after she took legally protected maternity leave, she was demoted and given unfair evaluations from her supervisor. That unlawful treatment, she alleges, not only hurt her reputation within the company, but hurt her chances of moving up within the company.

Florida jury returns large sexual harassment verdict

A jury ruled in favor of seven women and one man in a Florida sexual harassment verdict last week. The seven women claimed that management at a Largo, Florida location of the former Four Amigos Travel. Inc. and Top Dog Travel, Inc. engaged in horrific conduct—sexually harassing women in the workplace. One male worker says that he was fired for complaining of how the women were treated in the workplace.

One of the women, a 66-year-old former worker at the travel outfit, says that the sexual harassment made her physically ill. She says that one manager kept a sexually explicit image of himself on his cellphone, “and he would stick it in one of the employee's faces," according to ABC Action News. At some point, the sexual harassment got so bad, she says that she called the manager a dog. She says that he responded by grinding the back of her chair professing to show her what a dog is.

New mother claims T-Mobile fired her shortly after FMLA leave

We have often discussed the interplay between the Family and Medical Leave Act and the Pregnancy Discrimination Act. Many parents to be seek maternity or paternity leave related to the birth or adoption of a child under the FMLA. The Pregnancy Discrimination Act is intended to provide mothers-to-be with workplace protections against discrimination based upon a pregnancy.

Our South Florida readers may be interested in a story arising in Tennessee involving a woman who used to work for T-Mobile. She says that she was attracted to the company based, at least in part, on the benefits associated with the job. After she began working in the call-center, she says that she was happy with how she was treated—that is until she became pregnant.

Boca Raton-based company settles sexual harassment lawsuit

A prison management company based in Boca Raton, Florida has agreed to settle a sexual harassment lawsuit filed in the Southwest part of the country. The lawsuit alleged that the Florida-based company allowed management at a prison facility in Arizona to sexually harass female workers. The lawsuit brought on behalf of two women says that supervisors engaged in both physical and verbal harassment, and that the company maintained a high tolerance for the unlawful harassment in the workplace.

One of the women says that her supervisor had forced himself upon her and attempted to forcibly kiss her. A separate manager engaged in repeated verbal harassment--frequently making comments and jokes that were sexually offensive. Federal and state laws generally prohibit such harassment in the workplace. Employers are prohibited from allowing sexual discrimination, including sexual harassment.

Workplace discrimination: ENDA reintroduced in Congress

We have previously discussed issues surrounding discrimination based upon sexual orientation. Generally, the laws surrounding the topic vary from state to state, and from city to city across the country. Some courts have shown the willingness to address the issue under current sex discrimination laws.

In Florida, laws at the state level concerning sexual orientation discrimination have been considered from time to time. Some communities across Florida have localized laws that address LGBT issues. However, federal law does not currently expressly include sexual orientation or gender identity as protected classes under federal workplace discrimination laws.

A bipartisan group of senators reportedly is seeking to change the laws at the federal level. The group introduced legislation to expressly prohibit discrimination in the workplace based upon gender identity and sexual orientation. The concept is not an new one for Congress.

Miami hospital system faces disability suit from doctor with epilepsy

A hospital system based in Miami, Florida is accused of violating the Americans with Disabilities Act by changing the schedule of a newly hired doctor who has epilepsy in a recently filed employment discrimination lawsuit. Federal law generally requires employers to provide qualified workers with mental or physical disabilities with reasonable accommodations to help the workers perform the duties of the job.

Officials say that a woman applied for a position at a Coral Gables, Florida location to work as a general practitioner. The doctor has epilepsy and notified the employer of that medical condition during her initial interview. She had also requested that her work hours be limited to eight hours each day to accommodate her medical condition. She was successful in making it through the entire interviewing process, including having interviews with other staff members and ultimately she was offered a job.

Worker with intellectual disability sues former employer

The Americans with Disabilities Act provides workers with mental or physical impairments with important protections that prohibit discrimination in the workplace. The anti-discrimination law prohibits employers from making decisions based upon stereotypes or the perception that a qualified worker cannot do a job based solely upon a physical or mental impairment.

Often, a disability discrimination lawsuit may involve the wrongful termination of a worker. But federal laws (and laws in Florida) prohibit workplace discrimination that results in adverse employment decisions, such as a demotion.

A recent story from the West Coast involves a disability discrimination settlement involving a restaurant worker who was demoted when new management took over the fast-food restaurant. The man has an intellectual disability, and the lawsuit alleged that the demotion and reduced pay were the result of disability bias.

The FMLA provides workers with rights to care for family

In March, we discussed new rules under the Family and Medical Leave Act that relate to families of members of the nation's armed forces. The FMLA provides military families with unique protections for family members to take up to 26 weeks of job protected leave to care for a servicemember with serious health issues. But, for many workers in Florida, the overall FMLA protections may not be fully understood by many workers.

Many workers take FMLA leave related to child care issues surrounding the birth of a child or in cases of new adoptions. But, the FMLA also applies to workers who need to take time off to seek treatment for serious personal health issues, or to care for a family member with a serious medical need. The law, unfortunately, does not require employers to pay a worker for medical leave taken under the FMLA, but the law does protect a worker's job status during approved leave.

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