Law Office of William M Julien PA Employment Lawyer Boynton Beach | Florida Discrimination Harassment 2026-06-03T15:54:52Z https://www.attorneyjulien.com/feed/atom/ WordPress /wp-content/uploads/sites/1103427/2021/02/cropped-favicon-32x32.jpg On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Could leaders be overlooking your promotion because of name bias?]]> https://www.attorneyjulien.com/?p=252353 2026-06-03T15:54:52Z 2026-06-03T15:54:52Z What is name bias, and where might it appear? Name bias occurs when a person's name influences how others perceive, evaluate or treat them. For example, a leader may assume an employee with a non-Western name may be less client-facing or a weaker cultural fit. Research shows workers with names that others find easier to pronounce often hold higher-level positions in their organizations. Name bias may show up in subtle ways in the workplace and especially during promotion decisions. Other employees with similar work records as yours might receive more support and more public praise. Meanwhile, your own work may receive less attention. These signs might not always prove bias. However, they could give you reason to look more closely at how your leaders decide on advancement.

What steps could you consider taking?

It may help to record details specific to how your name, background or perceived identity came up during the promotion process. For example, you may want to note whether leaders connected your name to assumptions about your language ability or client fit. You may also want to track whether unsavory comments related to your name appeared close in time to performance reviews, leadership meetings and discussions about your future growth. These details could help show whether the concern was an isolated comment or part of a broader pattern in how leaders evaluated your potential. Under Florida and federal law, showing that an employer departed from established policies may serve as circumstantial evidence of pretext, provided the departure suggests inconsistent treatment based on a protected characteristic.

Your name deserves respect

Your name carries family history, culture, faith or personal meaning. When you suspect bias against it, it could help to slow down and look at the facts. Documentation may help you better decide how to respond and protect your sense of worth at work.]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[An overview of mental health discrimination laws]]> https://www.attorneyjulien.com/?p=252351 2026-04-27T11:14:44Z 2026-04-27T11:14:44Z Workers in Florida who experience mental health issues may qualify for reasonable accommodations at work. For instance, employees who attend therapy can adjust their schedules around appointments. Employers can also provide offices located away from other workers or customers. In some cases, employees with mental health issues can work from home.

Federal protections under the ADA

Title I of the Americans with Disabilities Act (ADA) of 1990 applies to larger companies. It covers businesses with 15 or more employees. The ADA protects qualified workers. It makes discrimination against people with mental health issues unlawful. The ADA also protects employees from harassment based on their mental health condition and bars employers from retaliating against workers who request accommodations or file discrimination complaints.

Your privacy rights during the hiring process

Employers generally may not ask a job applicant about the extent of their disability during an interview. They can make a job offer dependent on a medical exam only if they require the same exam from every candidate. If an employer gets your medical information, they must keep it private. Employers cannot share your mental health information with coworkers or use it as a basis for employment decisions unless directly related to job performance and safety. Discrimination victims may file a charge with the Equal Employment Opportunity Commission (EEOC).

Florida's 2026 Privacy Enhancement: HB 447

Effective July 1, 2026, Florida House Bill 447 greatly improves privacy protections for individuals with mental health histories. The law makes all court hearings and records related to the Baker Act (forced mental health exams) and Marchman Act (substance abuse treatment) strictly confidential and exempt from public records. This means potential employers and background check agencies can no longer access information about past involuntary or voluntary admissions through clerk of court searches, reducing stigma and protecting your professional opportunities.

When and how to request accommodations

You do not have to disclose a mental health condition to your employer unless you need reasonable accommodation. If you choose to request accommodations, you should inform your employer that you have a condition requiring workplace adjustments, though you do not need to provide a specific diagnosis. Your employer may request documentation from a healthcare provider to verify your specific needs. Once you make a request, your employer must work together with you to identify effective accommodations that do not create undue hardship for the company. This process should be flexible, ongoing and done in good faith by both parties.

Recognizing mental health discrimination at work

Mental health discrimination can take many forms beyond obvious termination or refusal to hire. Examples include:
  • Passing you over for promotions
  • Giving unfair performance reviews
  • Excluding you from meetings
  • Making hostile comments
  • Denying accommodations without a valid reason
Discrimination also happens when employers assume the details of your abilities based on stereotypes rather than your actual job performance.

Taking action against discrimination

If you believe you faced discrimination at work, you have options. You can file a charge with the EEOC, but time matters. You typically have 180 days from the discrimination date, though some states extend this to 300 days. A workplace discrimination lawyer can guide you through this process. Many cases result in compensation through settlements or court decisions. You do not have to face this alone. Work with professionals who can protect your rights and fight for the fair treatment you deserve.]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Common situations that need a Florida employment lawyer]]> https://www.attorneyjulien.com/?p=252348 2026-03-30T16:03:21Z 2026-03-30T16:03:21Z Hostile workplace and sexual harassment claims If you face unwelcome sexual advances or a pervasive environment of harassment, you need immediate legal protection. These cases often rely on digital evidence like emails, text messages and internal chat logs. A legal team reviews these materials remotely to build a powerful case against your employer. Geography does not limit the ability to hold a company accountable for a toxic culture. Legal liability attaches when an employer knew of the harassment and failed to take prompt remedial action.

Wrongful termination after a protected activity

It is illegal for a company to fire you because you reported a legal or safety violation. High earning professionals often lose their careers after they stand up for what is right. Under the Florida Private Whistleblower Act, you must typically provide written notice of the violation to your supervisor or a relevant agency before you can take legal action. This written record proves that the company knew about the problem and had a chance to fix it.

Denial of a reasonable disability accommodation

Your employer must provide reasonable adjustments for a documented physical or mental disability. This is required unless the change causes an undue hardship, which means it is too difficult or expensive for the business to handle. If a supervisor refuses to discuss these changes with you, they may be in violation of the law.

Your legal advocate is only a click away

The success of your case depends on the skill of your lawyer rather than their zip code. We utilize advanced technology to ensure you receive elite representation without the need for travel. If you feel your employer violated your rights at work, you should consider how we can help you secure the compensation you deserve.  ]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Is it worth suing your employer? Seeking justice in Florida]]> https://www.attorneyjulien.com/?p=252306 2026-03-23T12:16:16Z 2026-03-21T04:38:27Z You have protected rights Employers often weaponize fear to suppress illegal practices, hinting at "blacklisting" or gaslighting victims into believing they are being "dramatic." Here is the truth: Seeking legal recourse is a protected right under both the Florida Civil Rights Act (FCRA) and federal statutes like Title VII. This means the law exists to spur a corporate culture shift and halt predatory behavior.

Determining the strategic value of your claim

Deciding to proceed with an employment law claim is a calculated decision. In Florida, a case is generally deemed "worth it" when:
  • Civil rights violations: You were targeted due to protected characteristics such as race, gender, age, religion, or disability.
  • Unlawful retaliation: You faced adverse action (firing or demotion) specifically for reporting safety violations or illegal activities under the Florida Whistleblower Act.
  • Wage and hour theft: The company has systematically withheld overtime, commissions, or misclassified your employment status to avoid paying fair wages.
  • Severe emotional and career impact: The harassment was so egregious it compromised your mental health and future career trajectory.
The economics of a lawsuit include back pay (wages lost from the firing to the trial), front pay, and compensatory damages for emotional distress. In some cases, punitive damages may be awarded to punish the employer for intentional misconduct.

The clock is ticking

In Florida, you may have as little as 300 days to file a charge with the EEOC or one year for the FCHR. Missing these strictly enforced deadlines can permanently bar your right to recovery. Because every case is unique, you should not rely on office gossip or internet forums. By consulting with an employment attorney, you can evaluate the true strength of your evidence and hold your employer accountable under the full weight of the law.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1103427/2026/02/employment-attorney.jpg[/author_image] [author_info]Our law firm's founder, William M. Julien, has decades of experience handling employment law matters. Bill and his team handle all types of employment law claims for professionals throughout Florida. We understand you may be scared to pursuit a lawsuit against your employer. We will guide you through the entire legal process step-by-step. Call us today at [nap_phone id="LOCAL-CT-NUMBER-2"] or send us an email to request your free initial consultation.[/author_info] [/author]]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Can you file a reverse discrimination claim in Florida?]]> https://www.attorneyjulien.com/?p=252301 2026-03-06T14:47:49Z 2026-02-23T13:54:11Z You may think discrimination laws protect only minority employees. Florida and federal law protect you even if you are part of a majority group. [ez-toc]

Reverse discrimination is recognized under Florida law

Reverse discrimination occurs when an employer takes adverse action against you because you belong to a majority group. You might be white, male, heterosexual or Christian. The law may still apply. Title VII is a federal law that protects any worker from discrimination based on race, color, religion, sex or national origin. The Florida Civil Rights Act also protects workers from discrimination on the job. In 2024, the U.S. Supreme Court decided a case called Ames v. Ohio Department of Youth Services. The Court said employees in majority groups do not have to meet a harder standard to prove discrimination. Florida courts already followed this same rule. This matters because the statute focuses on whether an employer acted because of a protected trait. It does not distinguish between majority and minority workers.

What you must prove

You must follow the same rules that apply to other discrimination cases. Courts use the same standards under Title VII and Florida law. You usually need to prove:
  • Protected characteristic: You belong to a protected group such as a certain race, sex or religion.
  • Qualification: You had the skills and experience for the job or promotion.
  • Adverse action: Your employer fired you, demoted you or denied you an important opportunity.
  • Different treatment: Your employer treated a similar employee outside your group better.
You must also show the employer acted because of your protected trait. Comparative evidence and workplace statements may become important.

What reverse discrimination can look like

Reverse discrimination can show up in clear ways at work. Watch for situations like these:
  • Hiring: Your employer chooses a less qualified applicant only because of race or sex.
  • Promotion: Your employer passes you over even though you have stronger credentials.
  • Compensation: Your employer gives higher pay or better benefits to employees outside your group.
  • Hostile environment: Supervisors or coworkers make repeated negative comments about your race, sex or religion.
Employers can support diversity in the workplace. They cannot make decisions based only on a protected trait.

Why consulting an attorney may help

These claims often depend on detailed factual comparisons. Small differences in qualifications or job duties can affect the analysis. An attorney can review your records, assess filing deadlines and evaluate whether your situation may qualify under Florida or federal law. Early guidance may help you preserve evidence and avoid missing critical deadlines.]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Can an employer withhold an earned commission after you resign?]]> https://www.attorneyjulien.com/?p=252289 2026-02-12T22:38:30Z 2026-02-04T11:54:37Z Leaving a high-level position often triggers disputes over final pay, especially when six-figure incentives are at stake. You closed the deals and met the targets, yet payroll says you forfeited the payout after resigning. Employers frequently rely on ambiguous contract language and employee inertia to avoid payment. Knowing your rights can turn a lost check into recoverable compensation.

Earned vs. payable commissions

The key question is if the commission vested before your resignation. A commission typically vests when you complete the contractual conditions. These conditions may include closing a sale, obtaining client acceptance, triggering revenue recognition or meeting defined performance metrics. The date the company issues payment can be later, but vesting usually fixes the right to that income. Be wary of clauses that try to convert vested earnings into contingent or forfeitable payments. Common employer language conditions payment on being employed on the pay date or on the company’s “discretion.” These provisions are not automatically enforceable and may be scrutinized under contract and wage laws.

Florida law on commission withholding

Florida typically favors the written word of an employment agreement. If your contract explicitly states you must be an active employee on the date of the payout, a court might uphold that rule. This creates a risk for executives who resign right before a quarterly or annual bonus cycle. Legal teams often argue that these "forfeiture" clauses are unenforceable if they violate public policy or constitute civil theft. If an employer deliberately delays a payout to push you past your resignation date, they may be acting in bad faith. You must identify these tactics early to protect your financial interests.

Taking action to secure your payout

Wage theft occurs when a company intentionally withholds funds that a professional has already earned. Consider taking these steps:
  • Review your final pay stub for missing incentive payments
  • Compare your internal sales data against the final payout you received
  • Check for retroactive changes to the commission structure
  • Look for "clawback" attempts on previously paid earnings
High earners are frequent targets because their earned totals often involve significant sums of money. Companies may try to label these payments as "discretionary" to bypass legal requirements. An employer might argue that you forfeited your right to a payout by leaving early. This argument often fails if you already fulfilled your primary duties before your resignation date. If an employer acts in bad faith, you may have grounds for a breach of contract or wage theft claim.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1103427/2026/02/employment-attorneys-in-florida.jpg[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] handle wage & hour law claims for professionals throughout Florida. Call us today at [nap_phone id="LOCAL-CT-NUMBER-2"] or send us an email to request your free initial consultation.[/author_info] [/author]]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[When the sexual harassment comes from your client]]> https://www.attorneyjulien.com/?p=49864 2026-02-12T22:28:55Z 2026-01-30T16:24:53Z There remains a misperception that workplace sexual harassment must involve a company employee, e.g., a quid-pro-quo supervisor or sketchy co-worker who tries to corner you physically in uncomfortable ways. Those definitely apply, but there are other circumstances of on-the-job sexual harassment that don’t involve company employees. Clients and customers can also illegally harass you sexually in the workplace. What, then, can an employee do? [ez-toc]

Recognize it for what it truly is

The relationship between you and your company’s clients can be somewhat nebulous. You are supposed to wow them with your proposals and woo them from your competitors over to your company. That may involve a series of lunches, dinners and even business trips together or when you meet them in their location. Perhaps it is in some ways understandable that the lines may get blurred a bit in these quasi-friendship relationships. While the client is not your actual friend, it’s perceived by the company as a very good thing to have a friendly, even jocular, relationship with favored clients.

What to do when a line gets crossed

Maybe you had some pre-dinner drinks and then the client wanted to split a bottle of red over dinner. During the meal, if they then spoke inappropriately or got touchy-feely with you, how would you react? Of course, no company wants to lose a major client. Should you pretend it never happened? Chalk it up to too much alcohol? Verbalize that you want the unwanted conversation or touching to stop? All three responses could have unwelcome consequences.

You have a right not to be sexually harassed at work

While a restaurant booth is not your office, when entertaining a client, it becomes your temporary workspace. That allows you to reclaim it as such and let them know that you are only interested and invested in your business relationship with them. Later, write and email a memo to yourself detailing what occurred and how you reacted. Should the harassment persist or escalate, your duty to protect yourself should be paramount. Notify your boss and HR head of the harassment. If they fail to support your claims or dismiss your concerns, you may want to take further legal action against the company for workplace sexual harassment. [author] [author_image timthumb='on']/wp-content/uploads/sites/1103427/2026/02/employment-attorney.jpg[/author_image] [author_info]Our founder, William M. Julien, has decades of experience handling employment law matters. The attorneys at [nap_names id="FIRM-NAME-1"] handle sexual harassment claims for professionals throughout Florida. We understand you may be scared to come forward. We will guide you through the entire legal process step-by-step. Call us today at [nap_phone id="LOCAL-CT-NUMBER-2"] or send us an email to request your free initial consultation.[/author_info] [/author]]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Can your employer fire you over a social media post?]]> https://www.attorneyjulien.com/?p=252274 2026-01-27T17:23:12Z 2026-01-27T14:48:23Z Clarifying Florida’s at-will employment law Florida follows the at-will principle when it comes to employment. Your employer can fire you at any time, for any reason or no reason at all. For instance, say they find a rant you posted online. They gather that your statement violates a company handbook policy and also makes the business look bad. This reason usually falls within their rights to terminate your employment.

Defining when your online speech is protected

Despite at-will employment laws, federal law offers protections for employees who band together to improve their working conditions, even if they are not part of a union. However, a personal gripe that promotes false information or disparages an employer typically loses protection. Under the National Labor Relations Act (NLRA), you have the right to discuss work policies, wages or safety with your coworkers online or in person. If your post is a protected concerted activity, firing you might be unlawful.

Drawing the line on discrimination

An employer also cannot use a social media post as a pretext for discrimination. If your supervisor singles you out for a post and ignores others of a different race, religion or gender for similar behavior, you may be facing a violation of the Florida Civil Rights Act.

Taking action with help

The lines between personal expression and professional misconduct can be blurry. Given the complexity of this matter, seeking legal advice can offer guidance. An employment attorney can review your case and identify whether your employer violated your rights.]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[How to protect yourself from quid pro quo harassment?]]> https://www.attorneyjulien.com/?p=252272 2026-02-12T23:02:12Z 2026-01-27T06:41:15Z When a supervisor links your job security or career advancement to sexual compliance, that is quid pro quo harassment—and it is a federal violation. This type of workplace abuse exploits power dynamics in the most direct way possible. If you are contending with this situation, understanding your rights and the steps to protect yourself is essential. [ez-toc]

Understanding the legal definition

Quid pro quo is a Latin phrase meaning "something for something" or “this for that.” In the workplace, this occurs when a person in authority makes employment benefits contingent on sexual conduct. Title VII of the Civil Rights Act of 1964 prohibits this behavior at the federal level. The Florida Civil Rights Act mirrors these protections and applies to employers with 15 or more employees throughout the state. Under state law, employers often face "strict liability" when a supervisor’s harassment leads to a tangible change in your job status, such as a demotion or a pay cut.

Identifying examples of harassment

Harassment does not always involve physical contact or blunt demands. Often, it appears as subtle pressure from an upper-level manager that leaves you feeling trapped, such as: 
  • Suggestions that promotions depend on dating decision-makers or providing sexual favors
  • Threats of demotion or termination after you reject their advances
  • Implications that your job security requires tolerating inappropriate touching
  • Offers of better assignments in exchange for romantic involvement
  • Retaliation with negative reviews after you refuse their propositions
The law does not require you to suffer a financial loss before you take action. The mere threat of losing your job is enough to establish a claim.

Steps to protect your career

If you believe you are experiencing quid pro quo harassment, consider following the steps below:
  • Write down dates, times and exact quotes from the harasser
  • Store copies of emails, text messages and voicemails in a secure place outside of work servers
  • Locate your employee handbook and follow the specific reporting procedures your company requires
  • Note any colleagues who saw the behavior or who may have experienced similar treatment
  • Inform your human resources department or a higher-level manager in writing to create an official record
These actions ensure that you fulfill your internal requirements before seeking outside help. This preparation also makes it much harder for an employer to claim they were unaware of the situation.

Seeking further legal action

When internal efforts do not work, you are not without options. You may file a sexual harassment claim with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC) within 365 days of the incident to preserve your right to sue. After filing, the agency will open an investigation and may offer mediation or negotiate a settlement. If not resolved, it will issue a "right to sue" letter that allows you to pursue your case in federal or state court. This letter typically arrives within 180 days of filing your charge, although you can request it earlier in some circumstances. Successful plaintiffs may recover monetary benefits, such as back pay, front pay, compensatory damages for emotional distress and punitive damages to punish the employer for the violation.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1103427/2026/02/employment-attorneys-in-florida.jpg[/author_image] [author_info]The employment lawyers at [nap_names id="FIRM-NAME-1"] handle quid pro quo harassment cases for professionals throughout Florida. Call us today at [nap_phone id="LOCAL-CT-NUMBER-2"] or send us an email to request your free initial consultation.[/author_info] [/author]]]> On Behalf of Law Office of William M. Julien, P.A. <![CDATA[Advances aren’t necessary for same-sex sexual harassment]]> https://www.attorneyjulien.com/?p=252270 2026-01-15T21:26:41Z 2026-01-15T21:26:41Z Workers can create a hostile environment Same-sex sexual harassment may involve one or more individuals creating a hostile environment for a specific employee. For example, a group of female employees might target another woman within the company. They may spread rumors about her sexual history in an attempt to damage her reputation. They may exclude her from team building opportunities, make inappropriate jokes at her expense and interfere with her ability to perform her job by constantly attacking or abusing her. Men could also experience a hostile work environment caused by their co-workers. Especially in scenarios where men may face accusations of being less manly than their peers in a blue-collar setting, their coworkers could create a hostile work environment that endangers not just their career but possibly their physical safety. Hostile work environments involve more than casual insults or occasional bullying. They are the result of a protracted, sometimes even organized, attempt to abuse a specific person. The ultimate goal may be to force the targeted worker to quit. Employers should not allow such abuse to occur unchecked, especially after the worker dealing with overt hostilities from other employees reports the matter to management or human resources. Workers dealing with a hostile work environment created by same-sex coworkers may have grounds to take legal action if their employers do not help to resolve the situation. Filing a sexual harassment lawsuit on the basis of a hostile work environment can force a company to change its policies or lead to compensation for the employee targeted by their coworkers.]]>