Workers in Florida and across the United States continue to suffer from age discrimination on the job. Some members of Congress want to take action to improve the situation. The U.S. House of Representatives is scheduled to vote on H.R. 1230, the Protecting Older Workers Against Discrimination Act. If adopted, the bill would amend the original Age Discrimination in Employment Act (ADEA), which prohibited employers from discriminating against workers age 40 and up. The bill being proposed would add clarity to the evidence that workers need to present in order to make a successful claim for workplace discrimination in court.
Older workers in Florida and around the country may feel that they are valuable employees who bring wisdom, maturity and experience to their workplaces. Unfortunately, however, there are employers and work colleagues who may not feel the same way. Negative attitudes toward and stereotypes of older workers can lead to a hostile, discriminatory work environment.
One associate producer at "60 Minutes" on CBS filed a lawsuit accusing the network of gender discrimination and retaliation, troubling some of the news program's many watchers in Florida. The woman alleges she was subjected to further mistreatment after filing a complaint about inappropriate conduct by her supervisor. Based in London, she said that a producer on the program texted her a photo that caused her discomfort and fear. According to the producer, he intended to send the photo to his sister but sent it to his subordinate at work instead.
Frontier Airlines is a popular choice for flights to and from Florida, but the airline is facing a lawsuit from female flight attendants and pilots who say they were subject to discrimination while pregnant or for being new mothers. They filed two federal lawsuits saying that the airline forced pregnant women to take extended leave, largely without pay. They were ordered to stop flying long before their due dates, months in some cases. Previously, complaints had been made against Frontier to the Equal Employment Opportunity Commission citing discrimination against pregnant women.
Florida residents who follow the video gaming industry will likely know that several developers and publishers have been accused of allowing toxic work environments to flourish. An investigation into working conditions at Riot Games that was published in 2018 by the video game website Kotaku prompted two female workers to sue the company over alleged violations of California's Equal Pay Act. Media reports on Dec. 12 state that Riot Games has agreed to pay $10 million to settle the lawsuit.
Approximately three out of every five employees in Florida and throughout the U.S. have suffered or witnessed workplace discrimination based on age, gender, race, sexual orientation or gender identity, according to a new survey. The survey, entitled "The 2019 Diversity and Inclusion Study," was conducted by the Harris Poll and published by Glassdoor.
While many companies in Florida and across the country have expressed their commitment to diversity in the workplace, racial discrimination continues to pose a significant problem for workers in a wide range of industries. Around 33% of employed Americans said that they had experienced or seen some form of discrimination based on race according to an online survey conducted by Glassdoor, an employment review site. A Glassdoor spokesperson said that companies should examine the results of the study to implement more meaningful policies to combat discrimination and improve diversity.
Florida residents and others over the age of 40 are generally covered by the Age Discrimination in Employment Act of 1967 (ADEA). This legislation applies to those who work in the private sector as well as for the government. However, the 9th Circuit ruled that age discrimination is acceptable as long as it isn't the main reason why an employment decision was made. The same conclusion was reached in another case heard by the 11th Circuit.
Despite the many legal workplace protections, too many workers continue to face discrimination in Florida and across the United States. The U.S. Supreme Court is now hearing several cases addressing discrimination against workers on the basis of gender identity or sexual orientation. These cases have thrown a light on the general issue of workplace discrimination nationwide. While the Obama administration's Justice Department and some appeals courts have considered these matters to be a form of sex discrimination, the Trump administration and others disagree.
Disparate impact in Florida occurs when the business practices at your place of employment, or a place where you would like to work, have a disproportionately negative effect on individuals of a protected class, even though there is no intent to discriminate behind the practice. According to FindLaw, it is difficult to prove a case of disparate impact in court. It often requires considerable statistical analysis to demonstrate that members of your protected class are experiencing a negative outcome more often and more consistently than members of other groups. For this reason, the court considers each claim on a case-by-case basis.