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Florida

Never require work during military FMLA leave

03/24/2025

Employers may be tempted to push back against employees’ FMLA military caregiver leave rights, asking them to continue working when they can despite caring for their military family members. That’s an FMLA-interference lawsuit waiting to happen.

Off-duty medical marijuana use may call for accommodation

01/15/2025

As more states legalize medical and other marijuana usage, employers must adjust their policies to conform to those new laws. That’s not an easy task.

FMLA leave begins at birth, not before

08/22/2024

The days immediately preceding a child’s birth are exciting. And who could blame a dad for wanting to experience it by taking FMLA leave? The 11th Circuit, however, has ruled that FMLA leave begins when the child is born, not before, so an employee who was terminated for absences he racked up before his child was born was fired legitimately.

Empower supervisors to accommodate pregnant subordinates

08/09/2024

The Pregnant Workers Fairness Act requires employers to reasonably accommodate pregnancy-related conditions. Recently issued EEOC guidance on the PWFA makes it clear that employers need to empower first-line supervisors to make many of those accommodations on the spot with little or no documentation. A recent case highlights why it’s essential to delegate PWFA accommodations authority to front-line managers and supervisors.

What counts as retaliation? Almost anything

06/20/2024

Follow up with workers who report discrimination to make sure they’re not being punished.

Court: Denying transgender-care coverage violates Title VII

06/17/2024

For the first time, a federal appeals court has ruled that an employer that provides health insurance for its employees violates Title VII if it refuses to cover transgender care. That, in the words of the court, violates Title VII’s sex-discrimination provisions because it denies transgender workers the same benefits other employees are entitled to.

Be sure to document the reasonable factors on which you base all hiring decisions

06/13/2024

Courts rarely second-guess hiring decisions as long as they are based on objective, reasonable factors, backed with documentation.

Courts entertain First Amendment claims defending DEI

04/29/2024

Since the U.S. Supreme Court struck down affirmative action in college admissions last year, legislators in 30 states have introduced bills seeking to ban or limit employer-sponsored diversity, equity and inclusion programs. But two recent cases show that employers are fighting back by asserting their First Amendment right to free expression.

Discipline consistently, equitably to avoid discrimination liability

04/15/2024

Every employee who breaks the same rule should receive the same level of discipline. Absent some solid, fact-based reason, treating some employees more leniently than others is practically begging to be sued for discrimination. That’s especially true if a manager treats members of a particular protected class more harshly or more favorably than employees who belong to different protected classes.

Access to Personnel Files: 50 State Laws

02/16/2024

No federal law grants employees the right to inspect their personnel files. However, many states do give employees that right and spell out the terms under which employees are allowed to inspect their files. Here’s a state-by-state list of laws governing access to personnel files.