Boca Raton Employment Law Blog

Lee County is facing a federal discrimination lawsuit that has been filed on behalf of three Hispanic workers. The workplace discrimination lawsuit is based upon claims of race discrimination and national origin discrimination in the workplace. An investigation launched several years ago to look into the allegations resulted in a 2009 report that stated that the discriminatory practices would support a claim for "hostile work environment" under the Civil Rights Act.

Nine employees were terminated in 2009 as a result of the probe, although one of the workers has reportedly been reinstated. The 2009 report says that several of the fired workers had banded together and called their group the "Ku Klux Klan without hats." Three Hispanic employees were reportedly subjected to discrimination in the workplace for roughly two years, leading to the probe of the hostile workplace.

As the first month of 2012 passes, it is important to look at 2011 totals compiled by the U.S. Equal Employment Opportunity Commission (EEOC). According to a recent report, the EEOC received a record 99,947 charges of employment discrimination last year. The Commission obtained $455.6 million in monetary relief through its administrative program and litigation.

The most frequent charge was retaliation, with 37,334 charges filed, which made up 37.4 percent of the total charges in 2011. Federal law prohibits employers from taking action against employees for filing a charge of workplace discrimination or because they complained to their supervisor or other responsible entity about discrimination. Employers also may not fire, demote or otherwise discipline employees for taking part in employment discrimination investigations or lawsuits.

A retired health care fraud investigator with the FBI was hired in 2006 by a Naples-based hospital chain to work in the medical company's compliance division. The hospital chain, Health Management Associates, reportedly fired the compliance officer in September. The former worker recently filed a lawsuit in Broward County against the Florida-based hospital company for wrongful termination. That case has been transferred to federal court in Fort Lauderdale.

The former worker says in his lawsuit that he was unlawfully fired in retaliation for uncovering alleged fraudulent Medicare billing within the hospital system. He says that he brought the issue to corporate management, but says that "no meaningful action had been taken to rectify the fraudulent billing practices ongoing within these facilities."

A national insurance company has agreed to settle a disability discrimination lawsuit that was filed on behalf of a recovering drug addict who was denied a job due to medications he was taking in his recovery. The man reportedly applied for a position as an insurance agent.

Apparently, things went well throughout the majority of the application project, as the man was offered a job with the insurance company, provided that the man passed a pre-employment drug screening test, according to the disability discrimination lawsuit.

The man had been recovering from his addiction and had been enrolled in a methadone treatment program since 2004. After the January 2010 pre-employment drug test showed the presence of methadone in the job applicant's system, he submitted a letter to the prospective employer explaining the program and the fact that the methadone was a legally prescribed medication. The company apparently reviewed the information and withdrew its offer of employment, according to the disability bias lawsuit.