There have been a number of recent national headlines involving physicians and other professionals who have been engaged in sexual harassment and even sexual abuse of employees and patients. This trend is alarming as physicians are placed in a position of trust in some of our most vulnerable interactions. Alabama is one of a minority… Read More
Religious Discrimination
Not only do employers have a legal obligation to reasonably accommodate employees’ religious beliefs and practices, but employees also have a duty to make a good faith effort to consider accommodations offered by their employer. Recently, the 11th Circuit Court of Appeals ruled in favor of a Florida trucking company after a former driver sued… Read More
Lax Vetting Allows Harassers to Thrive in the Legal Industry
Much like in other industries, law firms are not immune to sexual harassment. Unfortunately, law-firm management can be reluctant to discipline partners who are accused of sexual harassment especially if they generate big revenue for the firm. Many times, harassers are in powerful positions making it unlikely that the harassment will be reported and even… Read More
How do I know if I have a sexual harassment case?
There is not a prescribed list of things that constitute sexually harassing behavior; however, there are a number of factors to consider in making the determination for whether behavior constitutes actionable sexual harassment. To establish actionable sexual harassment, the conduct must be “unwelcome.” In Henson v. City of Dundee, the 11th Cir. explained that conduct… Read More
Quid Pro Quo Sexual Demands
Sexual harassment under Title VII is harassment that is sufficiently severe or pervasive to affect a term, condition, or privilege of employment. Harassment can meet this standard when a condition of employment is clearly tied to sex, also known as quid pro quo harassment. For example, if a supervisor uses expressed or implied threats to… Read More
Are Non-Compete Agreements Enforceable?
When an employee signs a covenant not to compete with his employer he may promise not to compete with his employer for a specified time period, in a particular area, or in a specific way after he is terminated or leaves that job. Non-compete agreements are very common in the sales industry. When there is… Read More
Severance Agreements in Alabama
When an employee is terminated, some employers will offer the discharged worker a severance package including pay and benefits. A severance agreement or separation agreement is the document that sets out the terms and conditions of that package. This documents usually states what the employee is receiving in exchange for providing the employer a release… Read More
Reputation v. Character – Why that question matters in employment law.
John Wooden, one of the greatest coaches of all time, was famously quoted saying that “your character is what you really are, while your reputation is merely what others think you are.” Often times companies and individuals running those companies are obsessed with their “reputation.” They spend substantial amounts of money and time cultivating an… Read More
Vicarious Liability: Can My Employer Be Held Liable?
In many cases, clients wonder whether or not their boss or company can be held liable for the transgressions of the co-worker or supervisor who harmed them. Under the theory of respondeat superior, in order to establish vicarious liability between an employer and the actions of their worker, the plaintiff has to prove that there… Read More
“Regarded as Disabled” under the ADA
In November of last year, an Illinois federal judge ruled in favor of the EEOC in a case against Amstead Rail Company. The court held that the company discriminated against applicants by requiring a medical screening which predicted the potential for applicants to develop carpal tunnel. Amstead screened applicants who had already accepted conditional employment… Read More