Boca Raton Sexual Harassment BLOG

In May 2011, the U.S. Supreme Court issued its opinion in Schindler Elevator Corp v. Kirk, in which the court held that the False Claims Act does not allow information from Freedom of Information Act (FOIA) requests as a basis for suits. The Court's decision will have a negative impact on the ability of employees to report or oppose illegal activity of employers and to use the False Claims Act quit tam suits as a tool to keep companies accountable and prevent fraud in government contracts.

The plaintiff, Daniel Kirk, brought a qui tam suit against his employer, Schindler Elevator Corp., alleging that the company made hundreds of false reports regarding hiring veterans in order to win government contracts and seeking damages on behalf of the U.S. To supplement his personal observations from his employment regarding Schindler Corp. reporting practices, Kirk cited documents that his wife received in response to requests that she made under the FOIA.

The district court held that Kirk's suit could not go forward because of the public disclosure bar within the False Claims Act, which prevents plaintiffs from relying on "public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media" as a basis for suit. The district court concluded that Freedom of Information Act requests constitute government "reports" or "investigations" for the purposes of the False Claims Act.

Lesbian, gay, bisexual and transgender (LGBT) employees continue to struggle for equal rights in the workplace, even though hundreds of companies nationwide have instituted tolerance training and non-discrimination policies.

Recent studies by The Williams Institute on Sexual Orientation Law and Public Policy indicate that as many as 43 percent of lesbian, gay and bisexual workers have experienced workplace harassment or discrimination due to their sexual orientation. Further, 90 percent of transgender employees have reported workplace abuse due to their gender identity, according to the National Center for Transgender Equality and the national Gay and Lesbian Task Force.

Sexual orientation-based discrimination, including lost jobs and missed opportunities for advancement, creates legitimate concerns for affected members of the LGBT community. From identity and self-esteem issues to safety and financial stability, employment discrimination forces victims to grapple with personal, socioeconomic and legal challenges.

The U.S. Department of Justice recently announced a settlement of a legal action filed against the American Academy of Pediatrics (AAP) after it determined that the organization discriminated against authorized immigrants who were eligible to apply for certain jobs. AAP's PedJobs website limited applications to U.S. citizens and holders of certain types of visas.

Under the federal Immigration and Nationality Act (INA), employment recruiters and paid referral services generally cannot discriminate on the basis of citizenship status or national origin. The DOJ determined that Job postings for doctors and nurses on PedJobs unfairly excluded some immigrants with appropriate work authorizations.

With an unemployment rate hovering around 9.5 percent, there is no shortage of obstacles and competition for those who are looking for work. One obstacle that is particularly disheartening for unemployed job-searchers is the increasing number of job ads that specifically inform the currently unemployed that they need not apply.