Monthly Archives: February 2010

Sarelson Law Firm Wins Major Reversal in Age Discrimination Lawsuit

February 24th, 2010

This blog’s author is the plaintiff/appellant’s attorney in Josephine Mora v. Jackson Memorial Foundation, Inc. The district court granted the employer’s motion for summary judgment on the employer’s “same decision” affirmative defense. But today, the Eleventh Circuit reversed and allowed the case to proceed to trial. Aside from being a great personal victory for the plaintiff, the case is important because it is the first appellate decision to analyze the Supreme Court’s 2009 decision in Gross v. FBL Financial, 129 S.Ct. 2343 (2009). In Gross, the Supreme Court rejected an employer’s mixed-motive/same decision affirmative defense in claims brought pursuant to the Age Discrimination in Employment Act.
The Eleventh CIrcuit today clarified Gross and held that ordinary summary judgment principles apply in age discrimination cases. Either the plaintiff was terminated because of her age, or she was not. What the employer hypothetically might have done is not relevant to the claim. The opinion is here:
Mora v. Jackson Memorial Foundation
Questions about age discrimination or retaliation? Contact an experienced age discrimination employment lawyer today.

Posted in Age Discrimination, Retaliation, Sarelson Law Firm Matters | Comments Off

Eleventh Circuit Affirms Jury Verdict and Injunction Against Alabama Dep’t of Transportation

February 23rd, 2010

highway worker.jpgIn a lengthy, 53 page opinion, the Atlanta-based Eleventh Circuit Court of Appeals affirmed, in large part, a jury verdict against the Alabama Department of Transportation. The plaintiff, a black employee, alleged that she was repeatedly denied various promotions on account of her race. The jury agreed and the court agreed with the jury on several, not not all of the claims. What makes the case so interesting is that the court went to great lengths to explain the history of racism in Alabama state agencies and that black state employees are still feeling the lingering effects of decades old bigotry.
The court also affirmed the trial court’s granting of injunctive relief — i.e., the plaintiff was reinstated to a sufficiently senior position that would compensate her for the years of lost promotions. Public employees, unlike private employees, are likely to be reinstated or promoted by court order.
The opinion is here:
Opinion
Do you work for Florida, Miami-Dade County, the City of West Palm Beach? Contact an employment lawyer experienced with suing state agencies.

Posted in Civil RIghts, Government Workers, Racial Discrimination | Comments Off

Illegal Child Labor on the Rise in South Florida

February 23rd, 2010

ChildLabor.jpgOrdinarily one would not think that child labor is a significant problem in the United States. And generally speaking, you would be right. But it is not unheard of and a recent series of raids by the Department of Labor illustrates the problem. Over the past several months, several local malls — including the Dolphin Mall, the Sawgrass Mills Mall and the Gardens Malls — have been cited for violating child labor laws.
The United States has few laws prohibiting child labor (and Florida has even less), but one of the few laws routinely violated is the prohibition on children 17 years old and younger engaged in hazardous activities. Anything considered “hazardous” is off-limits, but the regulations do not specify what is and what is not deemed hazardous. Machine equipment, trash compactors and forklifts are generally hazardous, but what about an industrial kitchen or gym equipment?
Questions about federal and state child labor laws? Contacted an experienced employment attorney today.

Posted in Age Discrimination, Civil RIghts | Comments Off