SLF LABOR AND EMPLOYMENT ALERT July 2006

BURLINGTON NORTHERN SANTA FE RAILROAD CO. v. WHITE
EMPLOYERS SHOULD TAKE ACTION

In our last issue, we reported on an important Supreme Court decision that is expected to lead to an increase in the number of retaliation cases filed under Title VII of the Civil Rights Act of 1964 (“Title VII”). In Burlington Northern, the Court held that the type of retaliatory conduct outlawed by Title VII is not limited to activity that is solely related to employment or conduct occurring within the workplace. In light of this decision, employers should consider taking several steps to enforce its anti-retaliation policies. Following are some suggestions that may be appropriate:

1. Review all policies to ensure that the type of retaliatory conduct prohibited is broadened and expanded.

2. Ensure that internal complaint procedures include the ability of employees to complain about alleged acts of retaliation and for such complaints to be promptly investigated (similar to sexual harassment complaints).

3. Train supervisory personnel and other employees regarding the employer’s anti-retaliation policies and complaint procedures.

The impact of this case cannot be overlooked by employers. As always, preventive maintenance will be key to keeping the risk of retaliation claims at a minimum.

$100,000.00 CAP IN STATE LAW DISCRIMINATION CLAIMS
APPLIES TO GOVERNMENTAL ENTITIES

Recently, the Second District Court of Appeal held that employees who pursue discrimination claims against public employers under the Florida Civil Rights Act of 1992 may only recover $100,000.00 in damages. The $100,000.00 cap applies not only to damages, but also to attorneys’ fees. While discrimination claims against public sector entities are usually also brought under Federal law (to which the $100,000.00 cap for claims against public sector entities does not apply), this ruling is significant.

The case (Gallagher v. Manatee County) has been appealed to the Florida Supreme Court. The Florida Supreme Court has not yet decided whether it will accept jurisdiction of the appeal. However, for public employers, it is important to keep an eye on this decision.

 

Labor Relations and
Employment Law
Robert J. Sniffen
rsniffen@sniffenlaw.com
211 East Call Street
Tallahassee, FL 32301
850.205.1996
850.205.3004 FAX