Category: Workplace Discrimination

  • Can I Be Denied Employment for Refusing to take a Drug Test?

    Can I Be Denied Employment for Refusing to take a Drug Test?

    The short answer is yes. An employer can decide not to hire someone based on refusal of a drug test as long as that is the sole reason and not because they are part of a protected class. This denial must apply to all job candidates as a company policy. Since drug testing laws fall

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  • What is Workplace Discrimination and How to Fight Back

    What is Workplace Discrimination and How to Fight Back

    Florida is an at-will state and employees may be fired at any time with little to no cause. However, workplace discrimination is not included in at-will terminations. If you’ve been a victim of workplace discrimination, you can – and should – fight back. What is Workplace Discrimination? Workplace discrimination includes any “adverse employment action” (including

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  • Get Your Facts Together: Proving Your Wrongful Termination Case

    Get Your Facts Together: Proving Your Wrongful Termination Case

    Since Florida is an “at will” state, employees may be fired at any time with the exception of situations involving discrimination, whistleblowing, a wage dispute or dispute over unpaid overtime, breach of employment contract, or time off sanctioned by law. The Florida Civil Rights Act lists “protected classes” from termination, but the burden of proof

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  • Sex Discrimination: Gender Identity and Transgender Status are now Protected

    Sex Discrimination: Gender Identity and Transgender Status are now Protected

    Know Your Rights Employers cannot discriminate in employment based on race, religion, national origin, disability, status as a protected veteran or sex. However, up until recently transgender employees, or job candidates, were not specifically protected. In early 2014, President Obama signed Executive Order 13672 (EO) adding sexual orientation AND gender identity as independent, protected categories.

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  • Will I Still Receive a Paycheck While on FMLA?

    Will I Still Receive a Paycheck While on FMLA?

    While the Family and Medical Leave Act (FMLA) of 1993 does provide peace of mind for job protection, it doesn’t always ease the financial stress of the medical bills and everyday expenses that can pile up during unpaid leave. Ensuring at least some income for approved time off is essential for most, but it’s hard

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  • What You Need to Know About Pregnancy Discrimination in the Workplace

    What You Need to Know About Pregnancy Discrimination in the Workplace

    Pregnancy should be a happy time. For some women, however, it can come with anxiety over employer perceptions. In certain cases, these concerns may escalate if an employer’s opinions devolve to harassment and discrimination, leading to a hostile work environment. According to The Pregnancy Discrimination Act (PDA), pregnancy is protected from discrimination related to general

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  • Religious Freedom or Discrimination: Can My Employer Decide What Benefits I Can Get?

    Religious Freedom or Discrimination: Can My Employer Decide What Benefits I Can Get?

    The recent landmark Supreme Court case Burwell v. Hobby Lobby has led many to question what benefits businesses can deny their employees based on religious beliefs. Some critics argue that the ruling, which favored the corporation’s right to deny female contraceptives through its insurance policy based on religious freedom, actually discriminates against the values of

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  • Florida Sexual Harassment Statute of Limitations

    Florida Sexual Harassment Statute of Limitations

    Workplace sexual harassment is a genderless offense. It can happen to anyone. In fact, according to the latest data by the U.S. Equal Opportunity Employment Commission (EEOC), while 83.7 percent of all sexual harassment charges are filed by women, 16.3 percent are filed by men. If you believe you are a victim of sexual intimidation,

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  • Experiencing workplace harassment? So are many employed Floridians.

    Experiencing workplace harassment? So are many employed Floridians.

    Have you experienced workplace harassment or discrimination? Or maybe know someone who has? Well, according to The Equal Employment Opportunity Commission, if you work in Florida the chances of you experiencing harassment and discrimination in the workplace are pretty good. Did you know that Florida currently ranks No.2 in the nation in workplace harassment and

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  • Can Your Facebook Posts Get You Fired?

    Can Your Facebook Posts Get You Fired?

    Employers are cracking down on employees who air workplace dirty laundry on social media I’m sure by now you’ve heard of the Taco Bell employee who posted a photo of himself on social media licking a stack of tacos at work. At the time, it was all in good fun – the tacos were apparently

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Wenzel Fenton Cabassa, P.A. operates on a contingency basis, ensuring that we do not receive payment unless we secure compensation for your case. If your workplace rights were violated, contact us today for free case evaluation.

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