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An ex-bartender from the Hogan’s Beach restaurant-bar in Tampa has filed claims alleging sexual harassment. The woman says that the club encouraged and created an environment of pervasive sexual harassment. In her lawsuit, she says that she began working at the bar in 2013.

Hogan’s Beach, named after wrestler Hulk Hogan, allegedly encouraged a work environment that was fraught with sexual harassment. The harassment was so extreme, the bartender said, that a sign in the office of the manager read: “NOTICE SEXUAL HARASSMENT IN THIS AREA WILL NOT BE REPORTED HOWEVER, IT WILL BE ‘GRADED.'”

The lawsuit states that six managers propositioned her. Also, when female bartenders engaged in sexual relations and sexual talk with their managers, they were given favorable treatment. Meanwhile, those who did not engage in sexual banter or submit to sexual propositions received worse schedules and other forms of retaliation.

The woman was later fired in May 2015, not long before the restaurant-bar was sold to investors. The waitress is asking for discrimination damages, damages for the infliction of emotional distress and other claims. It does not appear that the wrestler Hulk Hogan will be party to or affected by this lawsuit. It’s believed that he merely licensed his name for use at the beach-themed bar and restaurant, and he was not an actual investor in the business.

Under no circumstances should any Florida employee need to put up with sexual harassment. If you or a loved one is currently being subjected to any kind of sexually harassing behavior on the job, you can take action to put a stop to the abuse, and you may be able to seek financial damages in court.

Source: saintpetersblog.com, “Former Hogan’s Beach bartender claims ‘pervasive’ sexual harassment,” Phil Amman, July 25, 2017

Florida employees have to deal with a lot of on-the-job stresses. In fact, the average employee who spends eight hours a day and 40 hours a week in an office is giving up a massive chunk of his or her personal freedom to help further the profit-generating pursuits of his or her employer. The very least that this employee should receive is fair treatment under the law.

Nevertheless, in addition to the stresses of being a nine-to-five worker, some employees are forced to endure difficult circumstances that lead to wrongful termination. Here are five of the most common ways that unlawful termination can happen at a Florida workplace:

— Termination after reporting your employer’s unlawful behavior: When you report the unlawful or unethical conduct of an employer, you are protected by state and federal Whistleblower laws. If you get fired as a result of reporting illegal behavior, you may have been wrongfully terminated.

— Termination for discriminatory reasons: If you were discriminated against on the job for any reason related to your race, gender, sexual preference, religion or other protected status — and if the discrimination led to or was related to your termination — your firing may have been unlawful.

— Termination because you made an unpaid wages complaint: Sometimes the squeaky wheel gets the grease, and sometimes it just gets fired. If you complained about not getting paid the wages you were owed, and you were fired as a result, you may have a strong claim for wrongful termination.

— Terminated due to retaliation: Retaliation may take the form of wrongful termination if an employer wants to punish an employee who complains of sexual harassment or other issues on the job.

Florida employees who lost their job due to wrongful termination can speak with the employment law team at Law Offices of Gary A. Costales, PA. Our team of dedicated legal staff is available to advise you of your legal rights and options.

Learning you’re pregnant and going to have a baby is one of the most beautiful pieces of information that any woman can receive. Your boss, however, might feel differently. Every year, countless soon-to-be mothers discover they’re with child, and then find out they’re without a job.

Under the Pregnancy Discrimination Act (PDA) — which is part of Title VII in the Civil Rights Act of 1964 — employers are prohibited to discriminate against workers who are pregnant, giving birth or have a pregnancy or birth related medical condition. Employers must treat pregnant women in the same way as they would treat other job applicants of similar qualifications.

Imagine you’re interviewing for a job and you’re pregnant, but none of the other job applicants are pregnant. Your employer cannot take the fact of your pregnancy into consideration when making his or her hiring decisions. In addition to hiring practices, the PDA also protects women from discrimination related to pay, promotion, assignments, training, firing, benefits, layoffs and other matters. Furthermore, pregnant women are protected from being subjected to on-the-job harassment.

If you suspect that you are being treated, or have been treated, differently on the basis of being pregnant, it might not be easy to prove that pregnancy discrimination has occurred. For example, your potential employer might try to give another reason for not hiring you, or offer an alternative explanation for passing you up for a promotion. A skilled Equal Employment Opportunity Commission (EEOC) lawyer who is experienced with representing victims of workplace and pregnancy discrimination will be able to take action on your behalf and advocate for your civil rights.

Source: EEOC, “Pregnancy Discrimination,” accessed June 23, 2017

Florida employees are sexually harassed every day. It’s easy to fall into the victim mindset, and feel like there’s nothing you can do, but if you’re being sexually harassed at work, you need to know that you’re the one in the power seat.

First, you have the right to speak up about the harassment. If someone is directing offensive behavior at you, it’s time to tell the party who is harassing you to stop. This is an empowering move that you have the legal right to make; and often, the sexual harassment will stop then and there.

Second, if the harassment continues, it’s time to follow the sexual harassment procedure set forth by your employer. Take note of who you’re supposed to report sexual harassment to and go to that individual to make your complaint. Also, follow up your verbal complaint with a written email. If there isn’t a written procedure to follow, simply notify your superior — or his or her boss if it’s your superior who is harassing you. Maintain a record of all instances of sexual harassment that includes the date, time, individuals involved and what happened.

Third, the above two steps should resolve most issues relating to sexual harassment. However, if the problem persists, you may want to reach out to an employment law attorney to assist you in filing an Equal Employment Opportunity Commission (EEOC) complaint.

A Florida employment law attorney can evaluate the circumstances pertaining to the sexual harassment you’re experiencing to determine whether you have a viable EEOC complaint. If so, your lawyer can represent you in the litigation of your employment law matter to help you seek just compensation for the injuries and damages you have suffered as a result of the harassment.

Source: FindLaw, “Sexual harassment actions you can take,” accessed June 14, 2017

Employees may face various forms of illegal discrimination, with firing ranking among the harshest actions employers may take. However, as more employers become aware of the illegality and potential legal consequences of discriminatory actions, they may not take such an overt step.

Just because your employer did not fire you does not mean they did nothing illegal, however. Both Florida and federal laws recognize the concept of constructive discrimination, which describes a situation where the employer created such an impossibly hostile environment that you had no choice but to quit. In such a case, even though technically you made the choice to leave, the employee drove you to this choice.

When workplace hostility becomes illegal

Proving constructive discharge can present difficulties. A job can be tough or a boss can be difficult without rising to the level of a hostile environment. While it would be wonderful if all employers maintained a pleasant working environment at all times, the law does not force them to do so.

Florida and federal laws

Under Florida law, workplace harassment may cross the threshold of illegality when working conditions become so bad that a reasonable person in the employee’s position would feel forced to quit. Similarly, federal law draws the line where “enduring the offensive conduct becomes a condition of continued employment OR The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

The reasonable person standard

The “reasonable person” baseline in both statutes tends to exclude cases where an employee is unusually sensitive and takes offense to conduct most people would not consider extreme. But what if an employer knows of an employee’s particular sensitivity and deliberately proceeds to target it? Typically, courts would need additional facts, such as specific actions, to conclude whether this would be unlawful.

Get advice before you quit

Workplace harassment often arises as a result of unlawful discrimination. Quitting your job in the absence of constructive discharge might eliminate or limit the damages you could recover in a discrimination or other related lawsuit. If you believe you may be working in a hostile environment, consult an attorney before taking action.

Uber has taken disciplinary action by terminating 20 employees after a company-wide investigation into sexual harassment claims. The company looked into 215 claims of sexual harassment. One hundred of the claims did not result in action, but 57 of the claims continue to be reviewed more closely.

The investigated complaints involved allegations relating to sexual harassment, bullying, unprofessional behavior and discrimination. Uber claims that every reported instance received due attention. If the claims were corroborated, Uber acted swiftly to ameliorate the issue. Although the names of the terminated employees were not released by the company, we know that they numbered 20 in total.

Ex-U.S. Attorney General Eric Holder has also been looking into Uber’s sexual harassment claims via another probe. Both investigations were inspired by a blog post published by a former female engineer at Uber. The post was titled “Reflecting On One Very, Very Strange Year At Uber.”

There are a lot of ways that Florida employees can respond to issues relating to workplace sexual harassment. Simply posting a blog article about the experience is probably not the best way to have your problems gain legal traction. A much better way to address an issue of sexual harassment is to visit your company’s human resources department to file a formal complaint. When filing your complaint, be sure to do so verbally and back up the verbal complaint with an email so you have a record of it. If the problem persists, then it could be wise to discuss the issue with an experienced employment law attorney.

Source: NBC Bay Area, “Uber Fires at Least 20 People After Investigating Sexual Harassment Claims: Source,” June 06, 2017