Category Archives: Government Workers

Overtime Lawsuit Against City of South Miami Serves as Reminder that Government Employees have Federal Wage Rights

December 23rd, 2010

Unlike California, Florida has not seen a rise in employment lawsuits against municipalities. Numerous lawsuits are pending on behalf of police officers, firefighters and other government workers, but not in Florida. A recent lawsuit filed in the Southern District of Florida serves as a reminder that municipal government workers are protected by federal wage and hour laws in the same way as private sector employees are protected. (There are some variations, but the core is the same). If you are a government worker at any level (federal, state or local), contact Sarelson Law Firm to discuss your rights as an employee.
Here is a recent lawsuit against the City of South Miami for unpaid overtime:
City of South Miami FLSA

Posted in Class and Collective Actions, Government Workers, Unpaid Overtime | Comments Off

Posted in Class and Collective Actions, Government Workers, Unpaid Overtime | Comments Off

Denied Tenure: University of Florida Sued in New Jersey by Former African-American Professor

September 7th, 2010

Alligator.jpgThe University of Florida and Oxford University have been sued, in New Jersey, for violating Title VII and other federal and state laws by a former African-American professor denied tenure. The Daily Business Review has a good story here detailing the case’s awkward history — including a dismissed federal case in Florida, a second dismissed case that was orginally filed in New Jersey and then transferred to Gainesville, and now this third federal lawsuit, filed in New Jersey but with different counsel.
“Denied tenure” cases are pretty common but terribly difficult to win. Universities are given great latitude in deciding who is granted tenure and who is not and it is difficult for a plaintiff to show that, had it not been for her race or sex, she would have been granted tenure. Most colleges promote diversity and go out of their way to hire and promote minority professors. In fact, from a purely objective and documentable perspective, it is almost easier for a white, male professor to show that he was passed over for tenure in favor a minority professor. At least the university would (or likely should) have a documented policy of recruiting and hiring minorities. No company has a documented policy of recruiting white men.
The most interesting aspect of this case is that, according to the complaint, the EEOC found “reasonable cause” to believe that the University of Florida violating Title VII. This is extremely rare and the EEOC finding is admissible in court as evidence. Stay tuned…
The lawsuit is here:
Russell-Brown v Univ Florida Discrimination Lawsuit

Posted in Government Workers, Racial Discrimination, Retaliation, Sex Discrimination | Comments Off

Posted in Government Workers, Racial Discrimination, Retaliation, Sex Discrimination | Comments Off

Department of Corrections Liable For Failure to Prevent Inmates from Sexually Harassing Female Correctional Officers

May 7th, 2010

Title VII of the 1964 Civil Rights Act places liability on an employer who fails to take appropriate corrective action when female employees are being sexually harassed by co-workers, supervisors, and third-parties who are not employed by the offending employer. For example, if a company has a regular UPS or FedEx deliveryman who makes offensive jokes or engages in offensive conduct while on the employer’s premises, female employees are well within their rights to complain to management that it needs to stop the conduct by the UPS driver. The fact that the UPS driver does not work for the employer is wholly irrelevant to the analysis. Failure to stop the sexually hostile environment is illegal, no matter the cause of the sexually hostile environment.
In Beckford v. Florida Department of Corrections, the Atlanta-based Eleventh Circuit Court of Appeals affirmed a jury verdict in favor of female correctional officers who were sexually harassed by inmates. This is the first time the Eleventh Circuit has affirmed liability premised on sexual harassment by inmates. Other circuits have made similar conclusions regarding inmates. The Department of Corrections argued that prisons should be exempt from Title VII because of the unique nature of prisons and inmates. The Court categorically rejected the Department’s argument and held that prisons are no different from other employers. The Department knew that female officers were complaining about gender based abuse from inmates, but the Department did nothing to remedy the situation.
Beckford is also important because it reaffirmed the Eleventh Circuit’s decision in Reeves v. C.H. Robinson Worldwide that the use of certain words, including cunt, bitch, whore and slut, are inherently gender based.
The unanimous opinion, authored by Judge Pryor, is here:

Questions about sexual harassment? Contact an experienced employment attorney before you quit and before you lose your rights.

Posted in Government Workers, Sex Discrimination, Sexual Harassment | Comments Off

Posted in Government Workers, Sex Discrimination, Sexual Harassment | Comments Off