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Florida

Track discipline to ensure equal treatment for equal offenses, regardless of protected class

09/08/2008
Sometimes, it seems as if everyone belongs to some protected class, or a combination of classes. Since any disparate treatment for the same rule violation may trigger a discrimination lawsuit, HR should be prepared to show that no employee in any particular classification is singled out for more severe punishment. Given the number of possible combinations, that’s a difficult task …

Publix sexual harassment reporting policy holds up in court

09/08/2008
The Publix supermarket chain has won a partial victory in a sexual harassment case that spotlighted “nauseating” behavior by a store manager. The only bright spot for the grocer: The victim’s failure to properly report harassment means Publix may be liable only for retaliation …

Staffing firm CEO accused of skimming $182 million in taxes

09/08/2008
Frank Amodeo, head of Mirabilis Ventures in Orlando, has been indicted on 27 counts of conspiracy and fraud for allegedly stealing $182 million in payroll taxes from thousands of businesses across the state …

Did business grad bilk UM workers in Ponzi scheme?

09/08/2008
Andres Pimstein, a graduate of the University of Miami (UM) School of Business, didn’t venture far from his alma mater before putting all his hard-earned business savvy to use. He is accused of luring dozens of university employees into investing in what turned out to be a $30 million Ponzi scheme …

Whistle-blower heads to court to win back state job

09/08/2008
Steven Hougland, former beverage director for the Florida Department of Business and Professional Regulation, has filed a lawsuit under Florida’s whistle-blower law, claiming he was effectively forced to resign because of corruption in the department …

Disney revises gun policy

09/08/2008
After firing one employee in a showdown over Florida’s new guns-at-work law, Disney has taken a small step back. It released a revised policy in August that allows employees who don’t work at Walt Disney World Resort to keep guns in their cars, in accordance with state law …

Walt Disney World dilemma spotlights religious discrimination issues

09/08/2008
Sukhbir Channa, a practicing Sikh, has sued Walt Disney World after the theme park fired him for allegedly not having the “Disney look.” Channa wears a turban, beard and long hair—practices required by his religious beliefs. This is a case in which a company’s dress code collides with workplace diversity, and it may be a sign of more conflict to come …

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008
You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

Document why new talent got higher pay than existing staff

08/11/2008
You can pay more for a new hire than you pay those who hold similar positions. Just make sure you document exactly why newcomers deserve a higher wage or more benefits. You can do that by showing the new hire has more experience, education or specialized knowledge, or that the candidate wouldn’t accept an offer unless the salary and benefits met or exceeded what he was making elsewhere …

Extra work, harsh treatment may not be reverse discrimination

08/11/2008
Resentment may run high if employees feel like they’re picking up the slack for other employees they perceive as doing less than required—especially if they believe management isn’t making others pull their fair share because of race or nationality or some other protected classification. But that doesn’t necessarily amount to reverse discrimination …