South Florida Personal Injury Blog

Pregnant women are afforded significant legal protections with regard to their employment. Pregnancy discrimination is a form of gender discrimination. Many people are surprised that an employer cannot decline to hire a woman just because she is pregnant. Although the employer may be concerned that the woman will be missing a significant amount of work for her maternity leave in the coming weeks or months, that is not a sufficient reason to deny the woman a job. Similarly, unfounded suspicions that the pregnant job-seeker may quit the position after she delivers her child to become a stay-at-home mom is not a legally permissible reason to deny a job offer.

Employers also cannot refuse to hire pregnant women because they believe that their customers or other employees will not react well to the pregnancy. For instance, a department store could not refuse to hire a pregnant woman because it believes customers respond better to thin sales associates or because the management believes that pregnancy is not as attractive or desirable.

West Palm Beach gender discrimination attorney Andrew Alitowski also advises women that they cannot be denied benefits available to other employees on account of their pregnancy. Although employers do not have to provide health coverage for pregnancy or conditions arising out of pregnancy, if they provide health benefits to employees where all workers are female or where the position must be filled by a woman, the benefits must include coverage for conditions arising from the pregnancy. Where an employer generally allows employees to take leave, it must also do so for women who must miss work due to their pregnancy or associated condition.

Most women take maternity leave for at least a few weeks after they give birth to recover physically and to care for their child – but their employer cannot impose a mandatory period of time of maternity leave that women who give birth must take. For example, an employer cannot grant six weeks of maternity leave generally, but refuse to allow those women to return to her normal job duties after only three weeks. She must be allowed to return to work earlier if she so pleases.

Additionally, Palm Beach discrimination lawyer Alitowski says that benefits associated with pregnancy cannot be available only to those employees who are married. Likewise, opportunities for advancement and the calculating of vacation or pay raises must be afforded to pregnant women who must take leave in the same way that they are given to any other employee who is temporarily disabled. The employer must also hold the woman’s job while she is on leave for the same time period it would be held for a worker who took sick leave or was temporarily disabled.

The following video, which is not endorsed by Palm Beach personal injury attorneys Alitowski & Moore, discusses medical conditions associated with pregnancy that could be severe enough to require a woman to take leave from her employment:

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The South Florida Sun Sentinel has reported that African-American and Latino workers are often the first ones who are fired during economic hard times. The explanations for why this is true vary, but one common refrain is “last one hired, first one fired” – meaning that the employee who has spent the least amount of time with the business may be the first one to lose his job during tough times. This practice, which sounds fair on its face, may not take into account a newer employee’s positive contributions or better work ethic when compared to his counterparts who have more time at the company. Either way, Fort Lauderdale employment discrimination lawyer Andrew Alitowski believes that employees should keep a sharp eye on the practices of management any time there are layoffs and to be wary of employment discrimination of any kind.

Recessions hit minority populations hard, according to the federal Bureau of Labor statistics. Unemployment in the African-American community is generally about twice that of their white counterparts, according to government figures dating back to the 1970s. From the end of 2007 until now, African-American unemployment has risen markedly to 13.4 percent from 8.9 percent. Similarly, Latino unemployment has gone from 6.2 percent to 10.9 percent. In the same time frame, white unemployment has also risen, but not as starkly. White unemployment is currently at 7.3 percent from 4.4 percent just over a year ago.

The figures are complicated because they represent several factors. African-American and Latino workers are more concentrated in certain areas of the workforce, including construction. The rapid decline of the housing market has contributed to a harsh decrease in the amount of jobs available in that field. Similarly, there are more African-American and Latino workers employed in the service industries, an area that has taken a tremendous hit in light of Americans’ overall ability to spend less.

Although blue collar jobs have been hit the hardest, Broward discrimination attorney Alitowski notes that white collar workers are at high risk, as well. Duke University professor William Darity, who teaches economics and African-American Studies, says that "blacks and Latinos are relative latecomers to the professional world,” which makes them “necessarily the most vulnerable" during layoffs and recessions. Additionally, Professor Darity says that lower relative net worth in minority households makes it more difficult to stay afloat during hard times. For instance, while white households have a median net worth of about $90,000, Latinos have a median net worth of $8,000, and African-American households have a median net worth of $6,000. Those figures reflect less wealth generally, higher rates of unemployment, and that minority families are less likely to own their own homes.

Below, find a video discussing the financial crisis and the disparate impact on communities of color:

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Employment discrimination occurs when a person, a coworker or a supervisor, within a workplace denies benefits – such as prospects for promotion, training, or even getting the job offer for that position at all. Fort Lauderdale attorneys Alitowski and Moore represent people who have been discriminated against or subjected to harassment at their jobs, allowing them to be compensated

According to Broward employment discrimination attorney Andrew Alitowski, these types of discrimination can also take the form of harassment in the workplace. Workplace harassment can make you feel uncomfortable or even unsafe. You may be concerned about losing your job or that your professional peers do not take you seriously. Worse, you could be in a situation where, over the long-term, you will make significantly less money than you otherwise would. Additionally, feelings of intimidation may cause you to leave your job – even if you do so to take a lower-paying job or one that is otherwise less desirable than your current position. Harassment can include unwelcome jokes or comments, especially if they continue over a period of time. Coworkers and supervisors alike can harass other employees.

Employment discrimination can be the subject of a lawsuit when it occurs on the basis of certain legally protected grounds. Employers cannot discriminate against employees or job applicants for certain immutable characteristics, such as race, sex, pregnancy status, national origin, or religion. The Americans with Disabilities Act also has provisions to protect workers with disabilities in the workplace.

From an employer’s perspective, Florida employment discrimination attorneys Alitowski and Moore say that allowing discrimination and harassment does not pay off. Having a strict policy against harassment is the first step to ensure that your employees behave professionally. Compliance with this policy, along with effective reporting and investigating mechanisms, promotes employer satisfaction. High rates of employer satisfaction lead to increased productivity and significantly lower rates of turnover. It is better from employers’ perspectives to retain workers over the long term rather than go to the expense of training new workers, hiring more people due to lower productivity, and make up for the higher rates absences associated with employee dissatisfaction.

Earlier this year, Congress enacted the Lilly Ledbetter Fair Pay Act, to allow workers who have experienced discrimination at their jobs a more reasonable time frame in which to file their claims. The Act was necessitated by an unfavorable Supreme Court ruling last year. Lilly Ledbetter was discriminated against at her job due to her gender. An excerpt of the hearings related to fair pay is available here:

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The Americans with Disabilities Act was enacted by Congress and signed into law by President George H.W. Bush in 1990 after the lobbying efforts of dozens of disability rights groups. The law protects people with disabilities in various aspects of life, such as employment, public accommodations, public transportation, telecommunications, and other areas. Many commentators have likened its protections to the ones that the Civil Rights Act of 1964 granted against discrimination on the basis of sex, race, national origin, and religion. The enactment of the ADA represented a major victory for the disabled. The group of people protected under the ADA is broad.

The ADA does not enumerate specific groups of people who are protected – i.e., deaf people – instead defining the term ‘disabled’ on an individual basis. A person is disabled and thus entitled to ADA protections if he or she is has “a physical or mental impairment that substantially limits a major life activity.” The Amendments to the ADA, which became effective on January 1, 2009, offered more insight into this provision of the ADA by providing examples of “major life activities”: some “major bodily functions,” as well as "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" and other functions. This can include, for example, people who use wheelchairs, those who have learning disabilities, the blind, and many other disabled people. Employers must make reasonable accommodations for employees (and job applicants) who are disabled. If an employer declined to hire a qualified applicant because she uses a wheelchair and the office has not installed a ramp from the parking lot onto the sidewalk by the building entrance, the job applicant could file a lawsuit against the employer for its failure to make reasonable accommodations – the ramp. Likewise, an employer who refused to make accommodations for a person who is hard of hearing – such as purchasing and installing a telecommunications device for the deaf (TDD or TTY) phone – could be held accountable in the same way. The basic principle is that disabled people should lead lives to the fullest extent possible, which includes engaging in the same life activities, like working, that all people do. Employers must make accommodations for disabled employees so long as they are not an “undue hardship.” That determination, according to Broward disability lawyer Andrew Alitowski , is made by examining factors such as the cost of the accommodation, the number of employees at the organization, and the total impact of making such an accommodation. A small local business with only three employees would not be able to make an accommodation that would cost a quarter million dollars, but it would be able to install smaller accommodations.

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Broward injury lawyers Andrew Alitowski and William Moore represent clients who have suffered racial discrimination. The Civil Rights Act, which President Lyndon Johnson signed into law in 1964, prevents employers from engaging in any kind of discrimination on the basis of race. Fort Lauderdale employment discrimination attorney Alitowski advises that this includes discrimination at any stage of employment, including hiring.

For example, an employer cannot refuse to hire an African-American applicant in favor of a Caucasian applicant on the basis of race. This is true even if the employer believes that, for whatever reason, his customers or clients would respond better to a person of a certain race (or not of a certain race). The Fort Lauderdale discrimination lawyers also note that employers cannot discriminate during training. This means that an employer cannot elect to train people of certain races for better positions or give them more comprehensive training, if these actions are done on the basis of race. Likewise, an employer should not take race into consideration when evaluating employees for promotions or at any stage of employment. Racial harassment or a pattern of racial discrimination are both good evidence of ongoing discrimination in the workplace. Racial jokes can make employees feel uncomfortable and as though they cannot advance at their jobs, which is tremendously problematic. An experienced and compassionate Broward employment discrimination attorney can advise you of your rights in the workplace.

Discrimination on the basis of national origin is similar to racial discrimination in your workplace. Like the racial discrimination ban, the national origin discrimination provisions are found in the Civil Rights Act, a sweeping piece of federal legislation that has changed the social landscape of American in the 45 years since it was enacted. It is illegal for an employer to discriminate against you on the basis of where you were born or where your family originated. This is true even in the post-September 11 world, because the laws of the United States are designed to protect everyone, even when particular ethnic groups become unpopular due to political circumstances. For instance, an employer cannot refuse to hire a job applicant because of his ideas about people of Middle Eastern descent, nor is it acceptable for co-workers and superiors to crack jokes about a person’s heritage or national origin when it makes that person feel intimidated.

Harassment or discrimination on the basis of sex, race, national origin, religion, pregnancy status, and disability are not only wrong, but they are also against the law. An experienced employment discrimination attorney can advise you of the best course of action in your particular case. You may be entitled to recover damages, including compensation for the wages you lost when you were passed over for promotions due to your race or national origin.

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Posted In: Discrimination , Harassment

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Palm Beach injury attorneys Alitowski and Moore handle a variety of cases based on discrimination and harassment, which often occurs in the workplace. Although many kinds of discrimination and harassment have nothing to do with sex, such as religious discrimination or racial discrimination, many forms of discrimination have a gender component. Frequently, these tough situations hit women hard on both a personal and an economic level. Women who experience discrimination may receive fewer benefits, have difficulty retaining their jobs, or get less pay for their work.

According to West Palm Beach injury lawyer Alitowski, pregnancy discrimination remains an issue for young women. Congress enacted protections from women in Title VII of the Civil Rights Act of 1964, which prevents discrimination against women because they are pregnant or could become pregnant. An employer cannot refuse to hire a woman due to these factors so long as she can perform her job adequately. This is true even if the employer believes that clients or customers would be disapproving. Employers must even hold the pregnant employee’s job if she must miss work to give birth or for other conditions related to her pregnancy for at least the same period it would be held for other workers who were sick and had to miss work. Additionally, she must receive the same benefits as other employees who take sick leave receive. Women comprise almost half of the workforce in the United States and although they have made tremendous advancements, women still find that discrimination on the basis of pregnancy and pregnancy-related conditions poses a problem at some jobs. An example of discrimination is an employer who attempts to deny a woman health insurance during the period she is on maternity leave, although employees who miss several weeks of work due to illness continue to receive the benefits.

Palm Beach personal injury lawyer Alitowski notes that gender discrimination is a problem many women in Florida still face every day. The Civil Rights Act also protects people – in most cases, women – from discrimination on the basis of their sex. Gender discrimination is not necessarily patently sexual, although it often takes that form. A boss or co-worker who makes sexual jokes or comments about an employee’s body is engaging in sexual harassment. Likewise, a company that does not promote a successful woman because she is doing a job more traditionally performed by men is engaging in gender discrimination. Extremely overt advances, such as attempts to get sexual favors or some other kind of relationship in order to retain a job or win promotions, are perhaps the most well-known type of gender discrimination.

Women continue to grapple with these issues. Gender discrimination affects men, although rarely, and one man famously – and successfully – sued the public Mississippi University for Women to be admitted into the school’s nursing program because the closest one admitting men was very far from his home.

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Fort Lauderdale injury lawyer Andrew Alitowski knows that the Food and Drug Administration has been under fire for quite some time now. From inadequately inspected foods that resulted in American illnesses, such as the peanut butter scare stemming from a poorly-sanitized Georgia plant, to the infant formula scare in China that drew questions about our own inspections of foreign products, the FDA has struggled with food and drug safety issues in the public limelight frequently in recent years. As a Broward injury attorney, Andrew Alitowski remains concerned about the well-being of Floridians in all aspects, but particularly in terms of the safety of drugs on the shelves of our supermarkets and pharmacies.

The United States Supreme Court issued an important ruling on prescription drug safety this week. The Justices held that people who have been hurt by drug side effects or other problems can file personal injury suits at the state level, upholding a multi-million dollar verdict against the prescription drug company Wyeth. The drug company had claimed that these lawsuits were invalid because the drug companies were subject only to federal regulation through the FDA. In upholding the right file personal injury lawsuits at the state level, the Justices offered a ringing endorsement of the beneficial effects these suits can have. Justice Stevens wrote that, “State tort suits uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly. They also serve a distinct compensatory function that may motivate injured persons to come forward with information.” He also wrote that the FDA has limited resources, yet must monitor in excess of 11,000 drugs. Justice Stevens cited many studies that have found that the FDA is overburdened and not as effective as it should be. He opined that “state law offers an additional, and important, layer of consumer protection” that can supplement the regulations set forth by the FDA.

Broward plaintiff’s attorneys Alitowski and Moore could not agree more with Justice Stevens. The importance of allowing personal injury lawsuits at the state level cannot be overstated. The potential for costly verdicts and bad press compels companies to follow the law and work to make their products safer. Furthermore, products that are unsafe come to the attention of the public much faster due to these suits. Most importantly, the consumers who are injured can be compensated – for pain and suffering, for medical expenses, and for other damages. In some cases, the companies who manufacture defective or otherwise problematic products, including prescription medications, must pay punitive damages.

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According to Fort Lauderdale personal injury lawyer Andrew Alitowski, tort law is the body of law that encompasses the judicial approach to civil wrongdoing, with the exception of disputes relating to contracts. A tort is a non-contract civil wrong. For example, if you are hurt by an action that is a tort, you can likely recover civil monetary damages, like if your neighbor’s dog bites you. Although some torts are also crimes – such as assault and battery – the primary purpose of tort law is to help you when another person hurts you or your property in some way. Contact West Palm Beach accident attorneys Alitowski and Moore to discuss your case.

Generally, tort law provides two different types of remedies: damages (money) and what is known as equitable relief. A court can order the person you sue, the defendant, to pay you damages for the problems he has caused. Palm Beach injury attorney Alitowski says that if you are injured in a motor vehicle accident, you can sue the driver of the vehicle (and sometimes the owner) who caused the car accident. The judge or jury who hears the case can award you damages to cover your medical expenses, the property damage to your car, your lost wages for time you spent off of work, and your pain and suffering from the experience. Most damages are intended to compensate your for what happened, but courts may also award you punitive damages in order to punish the defendant in certain scenarios, such as if his conduct was intentional. Due to the complex rules regarding punitive damages in Florida, it is best to contact a knowledgeable Fort Lauderdale personal injury lawyer or motor vehicle accident lawyer with questions regarding the specific details of your case. Compensatory damages are calculated with regard to the actual cost of medical care and other fees you may have incurred as a result of another person’s negligent behavior.

Equitable relief is the other way the legal system handles torts, although this kind of relief is not appropriate in all cases. When a judge grants you equitable relief, it means that the person you have filed a civil lawsuit against must stop doing whatever it was he was doing that was offensive to you. Probably most commonly, this is true for nuisance law. If your neighbor has an overgrown swimming pool that emits a noxious odor so bad that it impairs your use and enjoyment of your property, a judge might grant you equitable relief – an injunction that prevents your neighbor from continuing his bad behavior. Similarly, if a company has a very loud production plant, you and the rest of your neighborhood might join together to sue the company so that you might restore peace and quiet to the area. In a more familiar context, a woman might obtain a civil restraining order from a judge to prevent an abusive ex-boyfriend from coming to her home or place of work.

Speaking of verdicts, below is a clip from the famous 1982 film The Verdict, about a personal injury attorney who handles a medical malpractice claim:

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