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September 2016 Archives

Court ruling may clarify the rights of Florida employees

A ruling by the U.S. Court of Appeals for the 4th Circuit found that whistleblower provisions in the False Claims Act protect an individual from retaliation even if a lawsuit is not a distinct possibility. Originally, individuals were protected when they took action to further a claim under the act. However, the distinct possibility criteria was added prior to 2009, and it held that a retaliation suit was only merited if a viable action was to be taken under the FCA.

Disabled? Your employer must reasonably accommodate you.

It could be something as simple as requesting a quiet workspace. Or it could be something as significant as asking to have a new desk that accommodates your wheelchair. If it is reasonable and does not constitute an "undue hardship" on the part of your employer, your disability request must be provided.

Court dismisses racial discrimination claim on dreadlock ban

While some people may argue that not hiring people with dreadlocks is racial discrimination, a court recently ruled that it isn't. This decision could have ramifications in workplaces across Florida. According to the court's decision, racial discrimination is interpreted as discrimination against biological traits, not hairstyles that are generally associated with a particular race.

Keep incriminating emails in retaliation cases

Retaliation claims comprise more claims than race discrimination, according to the Equal Employment Opportunity Commission. These claims make up nearly 45 percent of all claims filed by Florida employees and others throughout the country. Being able to recognize this type of treatment and knowing what to do in this situation can help applicants and employees who find themselves in this precarious position.

Bartender? What to do when your boss thinks you should be shaking him

Shaken, not stirred. It's a recipe for the perfect (Bond) martini. Up, on the rocks, doubles, straight--you know your job and you do it well. Five deep waiting at the bar? No worries. You can swipe a card, pour a drink and tap a beer, while still carrying on a conversation.

How workplace discrimination laws protect caregivers

Florida workers may be unaware that their employment rights extend to protection from discrimination if they are caregivers for a loved one. This is known as associational disability discrimination. Under the American with Disabilities Act, there are three kinds of this type of discrimination that are prohibited.

Experiencing hostility at a Florida workplace

The law protects employees from being treated differently because of their color, race, gender, national origin, age, veteran status, religious affiliation or because of a disability. Therefore, no employer should tolerate anyone at the workplace who severely harasses another employee for these reasons. If you believe you are subjected to a hostile environment at your Florida workplace and your boss has done nothing to stop it, you may be able to hold your employer accountable.

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