Citing recent policy and rule changes regarding continuing judicial ethics training that emphasize “the foundational principles of civility, due process, and equal justice under law,” the Supreme Court has eliminated a requirement that new judges attend a separate, daylong training on fairness and diversity. “These principles will be pursued in part by ensuring that mandatory…

A joint effort by the Florida Hispanic Bar Association and the Virgil Hawkins Florida Chapter National Bar Association during The Florida Bar’s Winter meeting offers attorneys an opportunity to enhance their civil litigation skills. A civil litigation bootcamp is set for January 20 from 9:45 a.m. to 3 p.m. at the Rosen Shingle Creek in…

Women enrollment in U.S. law schools outnumbered men in 2021, continuing a trend that began in 2016, according to a recent study. The study by Enjuris showed that women in 2021 made up 55.29 % of all students enrolled in ABA-approved law schools nationwide. The percentage of women who attend ABA-approved law schools increased by…

Haley Moss, attorney, author, advocate, thought leader, and consultant, spoke during WMU-Cooley Law School’s virtual Community Conversation, “Neurodiversity: The World is Better for our Differences.” The discussion, which provided insights into neurodiversity within the practice of law, was moderated by WMU-Cooley Professor Christine Church and hosted by The Florida Bar Law School Affiliates Young Lawyers…

President Joe Biden recently signed legislation renaming the federal courthouse in Tallahassee after civil rights pioneer and former Supreme Court Justice Joseph W. Hatchett. A retired 11th U.S. Circuit Court of Appeals chief judge and the first Black person since Reconstruction to serve on Florida’s highest court, Judge Hatchett died April 30, 2021, at the…

The ABA has amended its continuing legal education policy to do away with numeric requirements for panel diversity, a move that may bring it into compliance with rules set by the Florida Supreme Court for CLE program accreditation in the state. “The Florida Bar has reviewed the ABA’s revised Diversity, Equity and Inclusion CLE Policy,…

The Romano Law Group was presented with the Justice Ruth Bader Ginsberg Diversity in the Workplace Award at the recent Justice Barbara Pariente Judicial Reception, hosted by the Palm Beach County Chapter of Florida Association for Women Lawyers. “We are honored beyond measure and will continue to do our part to make our workplace fair…

Two years of extensive research and long meetings ended March 25 when the Board of Governors approved recommendations designed to help diversify the 52-member, elected panel. With no debate and little discussion, the board voted to approve a Program Evaluation Committee proposal that includes asking the board Communications Committee to initiate a continuous education and…

Miami-based Kluger, Kaplan, Silverman, Katzen & Levine has launched its second annual H.T. Smith Legal Studies Scholarship to support minority law school students who have a strong connection with the South Florida community. Named after H.T. Smith, founding director of the Trial Advocacy Program at Florida International University College of Law, Kluger Kaplan launched the scholarship in 2021 with…

As it begins to assemble a final report, the Special Committee for Opportunity in the Practice of Law is considering how to maximize its impact. “I don’t want this to be just another bookshelf report,” Co-Chair Eugene Pettis said after the committee convened during the Bar’s Winter Meeting on January 27. “I want us to…

The Florida Bar Leadership Academy is composed of some of the brightest leaders around the state who go through a rigorous vetting process. Those selected become part of a class focused on enhancing the skills of a diverse and inclusive group of lawyers to help them become effective leaders throughout the Bar, our profession, and…

Tallahassee attorney Ben Crump and St. Thomas University College of Law recently announced  an initiative to prepare “new and diverse lawyers” to lead the fight for justice. The Benjamin L. Crump Center for Social Justice at the St. Thomas University College of Law will provide innovative programming, symposia, and training to “catalyze the next generation of…

Florida Bar member Brad Bondi committed $100,000 to the University of Florida Levin College of Law to create and  permanently endow a Bradley J. Bondi Diversity & Inclusion Scholarship Fund at the law school. Bondi has been working with school leaders for the past year to support initiatives focused on diversity and inclusion. “Brad’s generous gift will…

The lives of five pioneering Florida lawyers are being lauded as the Standing Committee on Diversity and Inclusion launched its Path to Unity campaign recently in Jacksonville to highlight The Florida Bar’s journey to becoming more inclusive. “We want to tell the story of the Bar’s journey from its segregated past to the rich, multi-cultural…

Cecile M. Scoon vowed to become a lawyer when she was a Harvard undergrad and the university trustees were using legalese to justify investing in Apartheid South Africa. “I decided then and there that I’m never again going to have people that I disagree with try to cover up what they’re doing with a language…

A May 8 Real Property, Probate and Trust Law Section seminar to encourage minority and diverse lawyers to include estate planning in their practices drew more than 100 participants. The free, all-day, and online seminar followed up on a similar in-person event held in January 2020 (and an earlier one in 2008) and was sponsored…

The Bar’s Diversity and Inclusion Get Involve Subcommittee will present “The Importance of Minority Lawyers’ Involvement With The Florida Bar” April 15 from noon to 1 p.m. via Zoom. Panelists Andres Oliveros of Oliveros Law, Judge Jessica Costello, and Juliet Roulhac, regional director for corporate external affairs at Florida Power & Light, will discuss their involvement with The Florida Bar, whether…

The Appellate Practice Section is taking applications for its subsidized fellowship program aimed at attracting and cultivating young, diverse leadership to the section. One fellowship is awarded each year and the selected attorney fellow will serve a two-year term. Fellows will have the opportunity to gain appellate experience, and, if permitted, take on an appellate…

The Florida Bar Committee on Diversity & Inclusion will present Gender Equality Women’s Programming Series, Part III, “Leveling the Playing Field: Leave and Flexible Work Policies Examined” March 25 at noon via Zoom. The conversation will include the benefits of family and medical leave in promoting diversity in the legal profession and explore best practices and their implications for lawyers, bar associations, law…

The recent investiture ceremony for Circuit Judge Donna Goerner marked the first time an African-American woman was elected as a circuit judge in the 18th Circuit. Retired Florida Supreme Court Justice Peggy Quince spoke at the January 22  ceremony at the Lake Mary High School auditorium. Seminole County’s first African American appointed circuit judge, retired Justice…

For the second year in a row, Florida State University College of Law’s Black Law Students Association (BLSA) won first place in the Constance Baker Motley Mock Trial Competition during the Southern Region of the Black Law Students Association’s regional convention. The 2021 meeting took place virtually January 29-31. Seven law school teams participated in…

The Palm Beach County Bar Association’s Committee on Diversity and Inclusion has launched a “What A Lawyer Looks Like” campaign to display and highlight the diversity within the PBCBA. The members also share their background stories of what obstacles some of them may have faced as they pursued their law career. The webpage can be…

Orlando attorney Larry Smith is concerned that the COVID-19 pandemic is undermining professionalism, diversity, and inclusion efforts that he said are keys to helping the legal profession cope with the crisis. Smith is wrapping up more than 20 years’ combined service on the Bar’s Standing Committee on Professionalism (SCOP) and the former Supreme Court Commission…

Afraid of jeopardizing future job prospects, Shenika “Nik” Harris, Florida’s first LGBTQ consumer advocate, remained closeted through Florida State University law school. But Harris, a graduate of the Bar’s Leadership Academy, has seen such a positive shift in attitude in recent years, she’s not sure it would be necessary today. “I felt some concerns, could…

President Dori Foster-Morales and a handful of other prominent practitioners will discuss, “Leveling the Playing Field During the Pandemic: Creative Opportunities for Women Lawyers,” during a November 18 panel discussion. Sponsored by the Diversity and Inclusion Committee, the noon webinar is the first in a Women’s Programming Series created by the Gender Equality Subcommittee. The…

The Government Lawyer Section, in keeping with a recent Bar trend, is bolstering its efforts to promote diversity and inclusion in the legal profession. At an October 23 meeting, the Board of Governors approved proposed section bylaw changes that authorize the creation of a diversity and inclusion committee. Government Lawyer Section Chair Jacek Stramski said,…

Offers to host the “Path to Unity” campaign — a traveling Florida legal history project that will tell the story of the Bar’s journey from its segregated past to the rich, multi-cultural organization that it is today — poured into the Zoom server as soon as the Diversity and Inclusion Committee convened its October 7…

A new podcast focusing on journeys of women lawyers in becoming judges is being offered by The Florida Bar’s Henry Latimer Center for Professionalism. The first issue of “Never Contemplated” went online on September 16 and featured host Administrative Law Judge Hetal Desai interviewing First District Court of Appeal Judge Rachel Nordby about her experiences…

YLD President Adam White says he is willing to compromise after the Board of Legal Specialization and Education rejected a division proposal to make mental health and wellness and bias elimination credits mandatory within the 33 CLE hours that Bar members must earn every three years. “We are not in any way taking an adverse…

Underscoring its commitment to diversity, the Business Law Section will soon mandate that its CLE program professional panels include members from underrepresented groups. The new BLS “CLE Diversity Policy,” approved by the executive council September 4, will apply to all CLE programs sponsored or co-sponsored by the section after January 1, according to BLS Chair…

Anisha Patel and Iris Elijah overcame longer odds than most to become successful lawyers, and both have endured their fair share of slights. It would usually happen when they arrived early for a hearing or deposition. “I’ve walked in with a male colleague of mine, both dressed to the nines, and I’ve been mistaken as…

In light of “longstanding and recent acts of racist violence,” the deans of the 12 law schools in Florida have formed the Florida Law Schools’ Consortium for Racial Justice (FLSCRJ), according to a press release from Stetson University College of Law. “This collective will leverage the strengths and educational roles of every law school in the…

The Business Law Section, one of the Bar’s largest, is marking a 50th anniversary by focusing on COVID-19 recovery — and strengthening a Diversity Fellowship Program, said newly installed Chair Leyza Blanco. “It’s helping feed the pipeline of leadership of the section, and it’s helping us really develop greater diversity,” Blanco said. “And it’s really…

Changing the narrative of Asian Pacific American lawyers by increasing diversity in the legal profession was the focus of an interactive webinar May 27 in honor of Asian Pacific American Heritage Month. Judge Natasha DePrimo shared her experiences and discussed what perpetuates stereotypes and how to overcome them. The free webinar was co-sponsored by the…

Organizers of a minority lawyers’ seminar were worried that not enough has changed since “Introduction to Will and Trust Drafting” drew only a handful of participants when it debuted in 2007. Considering that the January 2020 revival registered 140 — and more than a dozen lawyers were turned away at the door — the organizers…

FLORIDA BAR MEMBER DONISE E. BROWN, second from the left, is one of the five “diversity trailblazers” across the country honored with 2020 Spirit of Excellence Award by the ABA Commission on Racial and Ethnic Diversity in the Profession. These awards celebrate the efforts and accomplishments of lawyers who excel in their professional settings; who…

After several years’ gestation, the Florida Hispanic Bar Association, aimed at being an umbrella for existing local Hispanic bars, plans to launch this summer. At an organizational meeting February 6 during The Florida Bar’s Winter Meeting, founders worked on organizational plans and sent out a call for volunteers for the nascent statewide organization. “Everything fell…

Bar sections intent on enhancing diversity may want to take a cue from the Real Property, Probate and Trust Law Section’s Fellowship Program. At the Bar’s Winter Meeting in Orlando, the RPPTL’s Michael Gelfand discussed with the Bar’s Standing Committee on Diversity and Inclusion the section’s efforts to attract and cultivate young, diverse leadership. “Our…

If this were a basketball game, Bemetra Simmons would have nailed a bunch of three pointers driving home her point that diversity is not just a desirable goal, it’s smart business. The former college point guard passed out a bunch of sports analogies, lobbed in some humor, and charged straight into some touchy perceptions as…

Law firms and corporations that ignore diversity in hiring and promotion not only rob themselves of talent, they risk becoming irrelevant in a rapidly changing society. That’s just one message that keynote speaker Sherry D. Williams, a corporate attorney and University of Miami Law School graduate, gave Florida Bar members who attended the Henry T….

ON INTERNATIONAL WOMEN’S DAY, a coalition of the three minority voluntary bars in the 15th Circuit – the F. Malcolm Cunningham Bar Association, Palm Beach County Hispanic Bar Association, and the Palm Beach Chapter of Florida Association for Women Lawyers – hosted an inaugural Legal Diversity and Inclusion Summit. Participants included leaders of voluntary bars,…

In an age when women are graduating from law school at the same rate as men, why are they leaving the profession in such high numbers by age 50 and what can be done about it? These are questions Miami’s Hilarie Bass studied during her term as ABA president. The co-president of Greenberg Traurig, whose…

Pettis wins Latimer Diversity Award Eugene Pettis of Ft. Lauderdale was awarded the Henry T. Latimer Inclusion Award at The Florida Bar’s 2018 Annual Convention. The award was given to Pettis for his dedication toward pushing for advances in diversity and inclusion programs within the legal profession.  The Florida Bar’s diversity and inclusion efforts push to encourage participation and opportunities to…

For almost 30 years, women have been graduating from law school in roughly equal numbers to men, yet they are leaving the profession in droves. Why? To answer that question, ABA President Hilarie Bass of Miami launched “Achieving Long-Term Careers for Women in Law,” an initiative that features research on legal careers using life-cycle models…

Women attorneys make up 47% of Bar committee appointments 52% of leadership positions are now held by women lawyers The trend of pursuing diversity in making appointments to Bar committees and leadership positions on those committees is continuing with incoming Bar President Michelle Suskauer. Suskauer recently completed appointments to Bar committees for the 2018-19 Bar…

Panel works to change attitudes about gender and diversity issues ‘If we are going to be making a change, this is the time to do it’ Senior Editor The Florida Bar’s Special Committee on Gender Bias and Diversity is shifting to oversight as a subcommittee gets down to the nitty gritty of implementing a 12-point…

Symposium focuses on biases ‘Learn the latest in how bias affects the legal system’ A symposium offering participants a chance to focus on gender bias, implicit bias, and a multicultural inter-disciplinary approach to addressing bias and diversity issues will be offered November 10 at the Hilton Orlando at Lake Buena Vista. The gathering is the…

As soon as Michael Higer walked into the Committee on Diversity and Inclusion at the Bar’s Annual Convention, Chair Brittany Maxey-Fisher gave him a shout out for wearing the “Inclusion” lapel pin in his portrait on the cover of the Journal. The huge committee, representing a full spectrum of diverse lawyers, broke into applause. Higer,…

12-point plan aims to eradicate bias ‘The report sets forth specific actions that the Bar can initiate to address gender inequalities’ Senior Editor The Florida Bar Special Committee on Gender Bias’ final report, with a dozen recommendations, has been received by the Board of Governors. President-elect Michael Higer, who chaired the panel, presented the findings…

Higer boosts the number of women lawyers on Florida Bar committees Michael Higer not only served as chair of the Special Committee on Gender Bias, but he is president-elect of The Florida Bar. So while choosing lawyers to serve on committees, as well as leaders as chairs and vice chairs, Higer was focused on appointing…

Trying to bridge the gender gap ‘Women start off in equal numbers in most areas of private practice, in general. Most of the problems come at the retention level.’ Senior Editor Here’s the No. 1 phone call Linda Bray Chanow, executive director of the Center for Women in Law, receives from women law partners: “He’s…

Budget, gender bias/diversity, parental leave on board’s agenda Reviewing objections to the Bar’s 2017-18 budget, getting a report from the Gender Bias/Diversity Committee, and voting on a proposed procedural rule on granting continuances for parental leave will occupy the Bar Board of Governors at its May 26 meeting in Key West. It will be the…

Gender bias report still in the works The Bar’s Gender Bias/Diversity Committee should have recommendations ready by the May Board of Governors meeting, according to President-elect Michael Higer, who chairs the panel. He told the board last month that the committee held a two-day symposium with national experts in late February and met again in…

Diversity panel wants to expand opportunities The Bar’s Standing Committee on Diversity and Inclusion is pursuing a variety of initiatives as it seeks to expand opportunities for all Florida lawyers. “We want to ensure the Bar will reflect the demographics of the state, that we develop opportunities for community involvement, and to make leadership roles…

A special committee looking at gender bias and diversity issues in the legal profession will make recommendations to the Board of Governors at its December meeting, according to President-elect Michael Higer. Higer told the Board of Governors at its July Miami Beach meeting that President Bill Schifino tapped him to lead the special committee studying…

Kim Cook, Sedgwick’s Miami office managing partner, was proud to be sworn in as the first female president of the Miami Chapter of the American Board of Trial Advocates. At the recent swearing-in ceremony, some man sitting in the back of the room belted out this joke: “I thought you were a waitress!” “Funny, right?”…

YLD to highlight women’s issues in April The Florida Bar Young Lawyer’s Division has scheduled several programs during the month of April in an effort to support and recognize the achievements of women in the legal profession. The YLD recently disseminated a survey that revealed 43 percent of female lawyer respondents under the age of…

YLD surveys young women lawyers Associate Editor “I feel that older men do not take me seriously no matter how professional I am.” * * * “I have left a firm where I was told by my managing partner that I did not have to worry about making money and moving ahead because I would…

More than 20 state court judges recently attended a training session to learn how implicit biases can result in explicit behavior that may effect fairness in the courts. Judge Dawn P. Fields, diversity coordinator for the Seventh Circuit, hosted the CJE Fairness & Diversity Conference at the Beach Safety Headquarters in Daytona Beach. Thirteenth Circuit…

YLD to recognize the achievements of women Associate Editor To celebrate the accomplishments of women lawyers, the Young Lawyers Division’s Commission on Women in the Profession recently instituted the Outstanding Woman Lawyer of Achievement Award. The award recognizes the achievements of a female attorney or judge who excels in her field; possesses an excellent reputation…

‘Meritocracy and diversity’ are key to judicial legitimacy The Florida Bar Board of Governors has unanimously approved the report and recommendations of the President’s Special Task Force to Study Enhancement of Diversity in the Judiciary and the Judicial Nominating Commissions. The report presents 10 recommendations to increase diversity among JNC members and appointed judges. The…

Judge Scott M. Bernstein, chair of the Supreme Court Standing Committee on Fairness and Diversity, will address Florida A&M law students when the panel meets on the school’s Orlando campus February 15. Judge Bernstein will share with the students the work of the committee and how it may partner with the law school on diversity…

When an airplane falls from the sky or a train derails, National Transportation Safety Board investigators swoop in to the crash scene to figure out what went wrong, to try to make sure the tragedy never happens again. Yet when an innocent person is wrongly convicted and spends decades in prison, the American criminal justice…

Bar Convention to highlight diversity Symposium to help firms ‘create the winning edge’ Mark D. Killian Managing Editor Society and the legal profession have become more sensitized to diversity issues over the past few years because both have become more diverse, and projections indicate that the trend will continue. Against that backdrop, it is essential…

On June 28, 2013, Eugene Pettis became the first African-American president of The Florida Bar. A civil attorney and a co-founding partner of the law firm Haliczer, Pettis, and Schwamm, Pettis was sworn-in during the General Assembly at the 2013 Annual Florida Bar Convention, where the theme was “Inclusion: The Path to Unity.” On that…

By now, most Americans have probably heard of the Black Lives Matter and Me Too movements. Although the Black Lives Matter movement had been active for a number of years, it gained international attention in the summer of 2020 when protests broke out across the nation in response to the killing of George Floyd by…

I read the article by Yasir Billoo on “Implicit Bias and Its Application in the Life of a Lawyer” (March/April). I am not certain if this piece is a scholarly article meant to inform Florida lawyers, or if it is an op/ed intended to give the writer’s opinion. It seems to have characteristics of both,…

Gender bias is not limited to male judges and male attorneys making demeaning remarks or requests to female lawyers. During my 40 years-plus of  civil practice, countless female clients routinely confided in me that they would never retain a female lawyer for whatever reason. In a recent New York Times survey, 70 percent of female…

In 2016, the Young Lawyers Division of The Florida Bar released the results of its Survey on Women in the Legal Profession, revealing gender bias across the board — from the courtroom to the office, and in a number of ways, from pay to harassment.[1] It was a reminder that the legal profession, as a…

Early in my career, while I was litigating in Arizona, I met men and women from a local Native American tribe who believed it was disrespectful to look someone in the eyes during a conversation. Before I learned about their beliefs, every time I met with witnesses who were members of that tribe, I thought…

Gender bias is the prejudice displayed toward one gender over the other.[1] Often this bias is implicit in our nature — molded by our culture, upbringing, and personal experiences.[2] A simple example of this bias is when a person refers to an individual by their occupation, such as “doctor” or “engineer,” and it is assumed…

The 2016-2019 Strategic Plan of The Florida Bar[1] outlines its objectives in its continuing effort to encourage and promote diversity and inclusion in all aspects of the profession and justice system. The Bar objectives include: • Creating a diverse judiciary, as well as diverse judicial nominating commissions, that reflects the population of Florida; • Continuing…

By all accounts, the legal profession is facing a crisis: “Too many great minds are leaving the profession….Everyone needs to care about that — not just women, not just men.”[1] Although women comprise 45 percent of associates, they only account for 19 percent of equity partners in private law firms.[2] Gender inequity is a “multifaceted…

We have all heard the sayings about our choices, or lack thereof, of the people in our lives: “You can pick your friends, but you can’t pick your relatives”; “You’ll be known by the company you keep”; and “Keep your friends close but your enemies closer.” Yet in this world where many people’s online lives…

We have all heard the sage medical advice to complete the entire prescribed course of antibiotics for an infection. This decades-old adage was based on scientific fear that partial treatment of an infection could lead to a “super infection.” Even during Antibiotic Awareness Week 2016, the World Health Organization advised patients to “always complete the…

In 2015, the U.S. Supreme Court’s landmark decision in Obergfell v. Hodges, 135 S. Ct. 2584 (2015), focused the national conversation on the legal rights and protections of LGBT individuals when it held that states could no longer deny same-sex couples the right to marry under the same terms afforded to opposite-sex couples. The decision,…

Before Sandra Bland’s questionable stop while on her way to start a new job at her alma mater and mysterious death in police custody in Mississippi;1 before Eric Garner’s killing for selling “loosees” (single cigarettes) in front of a corner store on Long Island;2 a nd before Michael Brown’s killing and horrifyingly public on-street display…

Why do we speak of mindfulness for judges? Most judges, after all, do their jobs well without reference to mindfulness or calling on mindfulness practices. Without doubt, there are plenty of outstanding judges who have not considered the subject. I find it meaningful, in my work as a judge, as a means to focus on…

For half a century, Title VII’s prohibition on sex discrimination has been applied almost exclusively to disparities between women and men. A new decision by the Equal Employment Opportunity Commission (EEOC), Baldwin v. Foxx, EEOC Appeal No. 0120133080, 2015 WL 4397641 (EEOC July 15, 2015),1 extends Title VII’s protections to cover sexual orientation for federal…

In the summer of 2013, the U.S. Supreme Court decided United States v. Windsor, 570 U.S. 12 (2013). In so doing, the Court ushered in a new era concerning the contentious subject of marriage equality.1 While the landscape is still changing, seemingly on a daily basis, in all probability, the issue will be resolved this…

Essential to our democracy is the public’s trust in its existence. Nowhere is the public’s trust more important than in the judiciary. Studies have found that diversity in the judiciary is essential to ensure impartiality, public confidence, and the perception that all members of society are represented on the bench. While our constitutional right is…

Born with cerebral palsy, Timothy A. Moran zooms around in a power chair, and, because he is unable to write, he uses Dragon Naturally Speaking computer technology to dictate and complete pleadings for his clients. Now in a solo practice in Oviedo, he began his career volunteering for legal aid, calling pro bono a duty…

Florida’s employment law practitioners are no doubt aware that employment discrimination actions may be brought under both Title VII of the Civil Rights Act of 1964 (Title VII),1 and under the Florida Civil Rights Act of 1992 (FCRA).2 Both sections contain similar verbiage,3 and for years, courts have held the Florida Civil Rights Act be…

The Supreme Court’s decision in Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (2009), should significantly impact an employee’s burden of proof in establishing a claim of discrimination under the Florida Civil Rights Act (FCRA). In Gross, the Supreme Court held that to establish employer liability for age discrimination under the ADEA in…

In 2000, the U.S. Bureau of the Census estimated that 12.4 percent of the U.S. population was age 65 or older.1 Between the years 2010 and 2030, when the post-World War II baby boom population begins to retire, the elderly will comprise an estimated 21.8 percent of the total population.2 The issue of older Americans…

On May 23, 2007, the Equal Employment Opportunity Commission (EEOC) issued, “Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.” Although the enforcement guidance is not binding legal authority, it will be followed by all EEOC offices to resolve charges raising such issues. Further, courts will consider the enforcement guidance as persuasive authority in…

The burgeoning U.S. Hispanic population, a $928 billion annual spending demographic, is being targeted with marketing messages from businesses large and small.1 Wal-Mart alone spends $60 million a year reaching out to this population.2 However, people who speak English as a second language, or who cannot read English at all, are particularly disadvantaged in reviewing…

The most heralded legacy of the 1998 U.S. Supreme Court decision in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) — a plaintiff’s victory allowing vicarious liability for hostile-environment discrimination — is, ironically, the “ Faragher defense.” While an employer is liable for discriminatory behavior by supervisory personnel, it can — so long…

Truly I tell you, no prophet is accepted in the prophet’s hometown.1 An employment discrimination plaintiff may establish a case of discrimination by using one of three alternative methods: 1) presenting evidence of discriminatory intent; 2) meeting the four-pronged test set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), and Texas Department…

The American workforce enjoyed remarkable prosperity during the last several years. The national rate of unemployment plummeted from a high of 7.8 percent in June 1992 to a low of 3.9 percent in October 2000.1 The decline in Florida’s unemployment rate was even more dramatic. In Florida, unemployment fell from a high of 8.8 percent…

In today’s world there is one thing that can be said with absolute certainty: Appearance matters. Our society is obsessed with appearance. Appearance is the focus of many books sold in local bookstores. It is the topic of many self-help seminars. In every walk of life, whether it is the cashier at the grocery store…

How far you go in life depends on your being tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant of the weak and strong. Because someday in your life, you will have been all of these.” With these words, George Washington Carver stressed the importance of benevolence toward the less…

On Reeves v. Sanderson Plumbing Products, Inc., 2000 WL743663 (U.S. 2000), the Supreme Court resolved an issue which has stymied the labor and employment field for years, an issue the Court itself helped perpetuate in its 1993 decision St. Mary’s Honor Center v. Hicks, 509 U.S. 502 (1993). The issue: What quantum of evidence must…

In 1964, Congress enacted Title VII, making it illegal for employers to discriminate against individuals on the basis of race, color, religion, sex, or national origin.1 In doing so, Congress sought to eradicate the remaining vestiges of discrimination by requiring employers to remove “artificial, arbitrary, [and] unnecessary barriers to employment”2 that operate to exclude and…

In mid-July, the U.S. Supreme Court issued three opinions construing the Americans With Disabilities Act1 ( ADA) that narrow considerably the class of people eligible to pursue disability discrimination actions under the ADA and the Rehabilitation Act.2 The most far-reaching bright line rule established by the Court in these three cases is that the determination…

The Florida Human Rights Act, passed in 1977, and its amendment by the Florida Civil Rights Act of 1992 (FCRA),1 substantially mirror Title VII of the Civil Rights Act of 19642 and its 1991 amendments.3 While Title VII provides remedies for employment discrimination throughout the United States, the FCRA ordinarily has been utilized as an…

The December 14, 1998, cover story of U.S. News & World Report,1 titled “Love in the Office,” deals with the topic of office romance, along with its evil cousin, sexual harassment law suits. The article quotes Dennis Powers, author of The Office Romance: Playing With Fire Without Getting Burned, as stating, “Today’s fling is tomorrow’s…

Congress enacted the Pregnancy Discrimination Act (PDA)1 in 1978 to add pregnancy as a protected status under Title VII of the Civil Rights Act of 1964.2 The PDA requires equal treatment with respect to terms, conditions, and privileges of employment, including leaves of absence and benefits. The PDA does not require preferential treatment.3 The more…