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Florida

Promptly fixed problem can’t be grounds for legal action

11/08/2010

Managing a workplace isn’t easy and not every assignment or schedule is completely fair. Employees who complain about something that might otherwise be considered an adverse employment action can’t sue if their employer fixes the problem right away.

Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010
Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Post job openings, application deadlines to cut down on suits challenging promotions

11/08/2010
Employers that use formal promotion processes probably won’t lose a failure-to-promote lawsuit if the employee in question didn’t even bother applying. But employers that use informal methods may be blindsided by lawsuits alleging discriminatory promotion practices without even having had a chance to review the employee’s qualifications.

Use hotline to receive employee complaints, prove when litigation clock started ticking

11/08/2010

Courts increasingly insist that employees meet deadlines for filing EEOC or other discrimination complaints. The law allows employees just a short period of time to start the lawsuit process after an employer’s adverse decision. Smart employers have systems that precisely track internal complaints. With those in place, employers can more easily argue that the employee waited too long to sue.

Bias, retaliation settlement strips club of $95,000

11/08/2010

The Papermoon Strip Club in Stuart will pay $95,000 to two black doormen and several white employees to settle complaints of racial discrimination, harassment and retaliation. According to the EEOC, the doormen were subjected to racial slurs and segregated from white employees. White employees who complained about the discrimination were retaliated against.

It’s sometimes OK to ask about expunged records

11/08/2010
Florida’s criminal court dockets are so overloaded that some relatively minor offenses are never tried. And courts often expunge arrest records so people who were charged but never convicted can move on without the shadow of a criminal record hanging over them, affecting their ability to work. However, in Florida, some employers can still ask about expunged criminal records.

West Palm Beach labor dispute becomes election issue

11/01/2010
An ongoing dispute between West Palm Beach’s Kravis Center for the Performing Arts and trade unions became an election issue this fall, forcing candidates to cancel political events they had scheduled there rather than cross picket lines.

Steamed at Maxwell House, employee wins reinstatement

10/25/2010

Francena Smith will return to her former job at Kraft Foods’ Maxwell House division in Jacksonville following an arbitrator’s decision. Smith filed an EEOC gender discrimination claim alleging she was disciplined more harshly than several male workers who were also involved in incidents at the plant that caused contamination of the coffee.

Pinellas uniform company to try on age-bias suit

10/13/2010

Fifteen former employees of a Pinellas uniform company have filed suit against the company, claiming its latest rounds of job cuts violated the Age Discrimination in Employment Act. In a combination of outsourcing and downsizing, Superior Uniform shipped some jobs to El Salvador and eliminated positions at its plant in Seminole.

Don’t fear retaliation claim if job changes are minor

10/13/2010

Employees who sue claiming discrimination have to show they endured some sort of adverse employment action, such as a demotion or termination. But what about changes in assignments, such as a new sales territory?