SLF LABOR AND EMPLOYMENT ALERT June 2008

FLORIDA U.S. DISTRICT COURT HOLDS THE FLORIDA CIVIL RIGHTS ACT DOES NOT PROVIDE A CAUSE OF ACTION FOR PREGNANCY DISCRIMINATION

The Florida Civil Rights Act of 1992 (“FCRA”) – the Florida law that outlaws discrimination on the basis of certain protected characteristics - does not expressly provide protection from discrimination on the basis of pregnancy or pregnancy related medical conditions. Since Florida state courts have yet to definitively address the issue of whether the FCRA’s prohibition on “sex” discrimination includes pregnancy, there has been some uncertainty as to whether employees who claim that they have been discriminated against based on pregnancy may avail themselves of the protections of the FCRA, or whether they must rely solely on the Federal Pregnancy Discrimination Act. Similarly, Florida U.S. District Courts have provided little guidance on the issue of whether pregnant employees or those suffering from related medical conditions are protected by the FCRA.

In Boone v. Total Renal Laboratories, Inc., Case No. 6:08-cv-562-Orl-28KRS, the U.S. District Court for the Middle District of Florida held that the FCRA does not provide a cause of action for pregnancy discrimination.  The court found that the Legislature’s failure to adopt the Title VII definition of sex discrimination (which included pregnancy) in the 1992 revision of the Florida Civil Rights Act was evidence it did not intend to proscribe pregnancy discrimination under Florida law.  A copy of the court’s decision may be found at http://www.flemploymentlawblog.com/Boone%20-%20Order%20Dismissal.pdf.

NO SOLICITATION POLICIES: A MUST FOR ALL EMPLOYERS

Employers are often placed in a difficult position when employees make requests to post and distribute information regarding various non-work related groups in the workplace. Granting such requests, even for seemingly good causes, can often lead to problems down the line if the employer becomes the target for a union organizing campaign.

Most employers have adopted “no solicitation” policies in their handbooks. Generally speaking, these policies prevent solicitation of donations or selling of goods, and also address the distribution of political and other information, at work. Employers who do not have such policies may be prohibited from preventing the posting or distribution of information by unions who intend on engaging in organizing efforts and/or who attempt to solicit employees for membership. Further, employers who are already unionized can find themselves in hot water if a no solicitation policy is not applied uniformly to union and non-union organizations.

Employers who do not have no solicitation policies should adopt them. Employers who have already promulgated such policies should revisit the language to ensure that the policy is consistent with the “electronic age”; more specifically, that the policy proscribes the distribution of information through e-mail and through other electronic media.

E-VERIFY DESIGNATED AS THE EMPLOYMENT ELIGIBIITY VERIFICATION SYSTEM FOR FEDERALCONTRACTORS

On June 9, 2008, the Department of Homeland Security (“DHS”) announced that all federal contractors are required to use E-Verify as their employment eligibility verification system.  The designation was made pursuant to Executive Order 12989, as amended by President George W. Bush.  E-Verify is free to use and can quickly verify the legal status of a new hire.  According to a press release by DHS, Executive Order 12989 was amended “in order to direct all federal departments and agencies to require contractors, as a condition of each future federal contract, to agree to use an electronic employment eligibility verification system – designated by the Secretary of Homeland Security – to verify the employment eligibility of all persons hired during the contract term and all persons performing work within the United States on the federal contract.” More information on E-Verify is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614
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On June 12, 2008, agencies that are responsible for Federal Acquisition Regulations (FAR) published a Notice of Proposed Rulemaking in the Federal Register.  Public comment on the proposed changes to the regulations will be accepted for 60 days. The Executive Order and DHS press release are available online by accessing the following links: http://www.whitehouse.gov/news/releases/2008/06/20080609-2.html and http://www.dhs.gov/xnews/releases/pr_1213039922523.shtm.

GRACE NOLAN JOINS SNIFFEN LAW FIRM

Sniffen Law Firm is pleased to announce that Grace Nolan has joined the Firm.  Ms Nolan will serve the Firm’s clients as a paralegal.  Ms. Nolan has worked in the legal field for over 10 years, the last 4 years focused on providing litigation support in areas of Labor and Employment Litigation, Commercial and Corporate Litigation, and General Tort and Insurance Defense.  Ms. Nolan is a graduate of Florida State University with a Bachelor of Science degree in Psychology.  Ms. Nolan earned a Sociology Minor and earned her Associate of Science degree in Paralegal Studies from Tallahassee Community College.

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