Employment law covers a complex network of laws that regulate how employers must treat their current, former, and prospective employees. Our Centre has experience litigating many different types of employment law matters that specifically impact women including:  Sexual Harassment
Pregnancy Discrimination
Family and Medical Leave Act claims
Gender Discrimination
Equal Pay Act claims
Disability Discrimination
Whistleblower claims
Unpaid Wage claims
Overtime Pay claims
Successor Liability article
Sexual Harassment
There are two distinct types of sexual harassment: - Quid Pro Quo - Sexual harassment that involves a request for sexual favors that will be repaid or acknowledged by something given in return such as continued employment, a promotion, or other increase in pay or benefits.
- Hostile Work Environment - The severe or pervasive use of unwelcome and offensive language or physical touching that a reasonable person would find harassing to a female.
Pregnancy Discrimination
Pregnancy discrimination is a form of gender discrimination under Title VII of the 1964 Civil Rights Act as amended. To be subject to this claim, an employer must have fifteen or more employees. Pregnancy discrimination may be found when an employer makes a tangible adverse employment decision, such as termination, based upon a woman's pregnancy or claim for maternity leave benefits. Even if you are not terminated, when a woman is subjected to pervasive and unwelcome comments relating to her pregnancy that too constitutes a hostile work environment. Family and Medical Leave Act claims
Family and Medical Leave Act (FMLA) claims may also involve pregnancy claims in addition to claims for time off due to the serious health condition of an employee or a member of her immediate family. In order for an employee to be eligible for FMLA benefits, three conditions must be met: - The employee must have worked for the employer for at least twelve months, which may be nonconsecutive.
- The employee must have worked at least 1250 hours in the twelve months immediately preceding the need for FMLA benefits.
- The employer must have fifty or more employees.
Gender Discrimination
Classic gender discrimination is less focused on sexuality and instead focuses more on whether the employer is hostile to women in general. Gender discrimination claims may arise in the context of a hostile work environment. A common example may be where a supervisor regularly claims that women belong at home taking care of family, or other similar comments.
Equal Pay Act claims
Equal Pay Act claims are similar to gender discrimination claims. The Equal Pay Act mandates equal pay for men and women as long as the core functions of the job are substantively similar and the educational background and work experience of the applicants or employees are similar. Disability Discrimination
The Americans with Disabilities Act applies to both public accommodations and to private employers with more than fifteen employees. Employers subject to the ADA cannot discriminate based on disability. However, the disability must be one that severely limits a major life function, and the individual must be able to perform the core functions of the job either with or without reasonable accomodation. The reasonable accommodation analysis involves feasibility and expense considerations in relation to the employer's actions. As you can see from this brief description, there are complex hurdles to overcome in order for an individual to obtain a positive result. Whistleblower claims
The private sector Florida Whistleblowers Act applies to private employers with at least ten employees. The Act protects private employees who object to a practice of the employer that the employee reasonably believes violates a law, rule, or regulation. Once a verbal objection is made, the employer cannot retaliate by taking any adverse action or by subjecting the employee to a hostile work environment. There are other considerations for employees who wish to report a company's alleged wrongdoing to an outside investigative authority. Unpaid Wage claims
Unpaid wage claims are based on a Florida state statute authorizing an employee to file a lawsuit in situations where a paycheck or commission has been improperly withheld. This claim may be brought in conjunction with, or in lieu of, a federal Fair Labor Standards Act claim if there are hourly wage issues involving minimum wage or withheld overtime wages. Overtime Pay claims
The Fair Labor Standards Act regulates the minimum wage and overtime pay for eligible employees. If an employer has withheld overtime wages, you may be entitled to damages under the FLSA. A Florida state claim may also be involved for withheld paychecks and commissions. Furthermore, an employer may not retaliate against employees for attempting to assert their rights under the FLSA. HELPFUL HINT- If you wish to contact us about an employment law matter and if your employer provided you with an employee handbook at any time during your employment, please have it close at hand because it will likely be necessary to refer to it during your consultation. Please contact the Hollifield Legal Centre for Women for more information about our qualifications and experience. *We serve clients in the greater Orlando metropolitan area and all of Central and South Florida.
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