Blog – South Florida Trial Practice

To successfully navigate South Florida’s court system, it’s key to have a trusted team of experienced trial litigators to help you tackle complex legal issues throughout the region. Dori is a regular contributor to the South Florida Trial Blog, she posts on topics related to employment discrimination and harassment, including new court decisions and legislation, compliance, best practices, interesting trends in workplace relations and employment-related issues affecting Florida employers.

Recent Blog Posts

  • North Carolina Revisits and Revises HB2 Three months ago, I posted about North Carolina’s HB2 (the transgender bathroom bill that is still garnering headlines) and that many had overlooked a big change to North Carolina’s discrimination law separate and apart from bathrooms.  As I pointed out in my prior post, lost in the protests over the bathroom issues was the fact that all North Carolina citizens had lost the private right of action to file a state level discrimination claim for race, religion, color, age, biological... More
  • It Was Only a Matter of Time – DEA Revisiting Federal Status of Marijuana 23 states, plus the District of Columbia and Guam permit some form of medical marijuana use.  And, there are various medical marijuana ballot provisions, including currently in Florida, which likely will lead to more states permitting medical marijuana after this November’s election. Despite the overwhelming change of law at the state level, federal law still classifies marijuana as a Schedule I drug.  Schedule I drugs are defined as having “no currently accepted medical use and a high potential for abuse.”  So, its... More
  • North Carolina Turns Back the Clock on Discrimination Claims There has been a ton of news coverage regarding North Carolina’s new bathroom access law included within HB-2.   I’ve written several posts on bathroom access and employment litigation regarding bathroom access.  See my posts here (OSHA guidance on bathroom access), here (EEOC settlement of litigation which included bathroom access claims), here (11th Circuit Court of Appeals overturned summary judgment in favor of employer in discrimination claim that involved restroom access), here (addressing Houston’s bathroom access ordinance) and here (litigation involving Hobby Lobby that included... More
  • Busted Bracket – March Madness Gambling Could Lead to Florida Whistle-blower Lawsuits March madness, sweet sixteen games start tonight.  Here is a post from a couple of years ago with some good reminders regarding risks of betting pools in the workplace.  Also, go Terps! ______________ Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or [email protected] ... More
  • Duty to Accommodate – Medical Marijuana As I previously posted, medical marijuana has made Florida’s 2016 ballot and is likely to pass muster this time around (in 2014 medical marijuana received 58% of the Florida vote, falling just short of the 60% necessary to pass). So, assuming that Florida employers will soon be faced with questions from medical marijuana using employees lets explore whether Florida employers will have a duty to accommodate such employees.  Like with many new laws, litigation over the question will eventually give us... More
  • Medical Marijuana Makes Florida 2016 Ballot Medical marijuana, which narrowly failed to pass (with 58% support, less than the 60% required) in 2014, will be back on the 2016 ballot.  The group supporting the medical marijuana initiative has now collected the required number of verified signatures. Most experts expect the medical marijuana initiative to pass this time around since it will be on the ballot during a presidential election year which, normally, increases voter turn-out. Check back, as I’ll be posting more on what Florida employers need to... More
  • More Potty Police Activities Following up on my prior potty posts here and here, the Equal Employment Opportunity Commission (“EEOC”) has recently settled a lawsuit involving a transgender employee which involved claims that the employee, Britney Austin, was not permitted to use the women’s restroom. Ms. Austin will receive $115,000 as part of the settlement.   While this case was about more than which bathroom Ms. Austin was permitted to use while at work, the consent decree between the EEOC and employer specifically provides that the employer... More
  • Transgender Mechanic’s Discrimination Claims Survive in the Eleventh Circuit As a follow up to my earlier posts here, here and here, Title VII is now, quite regularly, being interpreted to protect transgender employees under its gender identity or sex stereotyping protections. Most recently, in the U.S. Court of Appeals for the Eleventh Circuit (which includes Florida), that Court has found that a transgender mechanic may have been fired, in part, based on sex.  The mechanic, Jennifer Chavez, had never been disciplined prior to undergoing her gender transition. As she began her transition,... More
  • Recreational Marijuana Misses 2016 Ballot The effort to get recreational marijuana on the Florida 2016 ballot has failed. However, as I previously posted medical marijuana is likely to make the 2016 Florida ballot and most experts expect it to pass.  The prior medical marijuana attempt, Amendment Two, narrowly failed when it received 58% voter approval (falling just short of the 60% required).  At present, United for Care reports 800,000 petition signatures collected with 380,706 validated.  The ballot initiative needs 683,000 valid signatures by February to make the ballot. ______________ Dori... More
  • Florida Medical Marijuana Times Two and Take Two In 2014, Amendment 2 which would have broadly legalized medical marijuana failed to obtain 60% of the votes necessary to pass. The groups behind Amendment 2 have been working to add a similar ballot measure to the 2016 ballot.  According to United For Care, approximately 360,000 petition signatures have been validated by the State of Florida and another approximately 325,000 valid petition signatures need to be collected and submitted to the State of Florida before the February 1, 2016 deadline. However, recently... More