Richard D. Tuschman

Richard D. Tuschman

Akerman LLP

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Court Slaps Down EEOC Subpoena, Refusing to Allow Agency to Expand its Investigation

The Equal Employment Opportunity Commission has broad authority to investigate allegations of employment discrimination. But there are limits to that authority, as illustrated by a recent Eleventh Circuit Court of Appeals...more

11/17/2014 - ADA Corporate Counsel Cruise Ships Discrimination EEOC Enforcement Actions Foreign Nationals Subpoenas

Florida Civil Rights Act Prohibits Pregnancy Discrimination

The Florida Civil Rights Act prohibits pregnancy discrimination in employment, according to an April 17th decision by the Florida Supreme Court, Delva v. The Continental Group, Inc., Case No. SC12-2315 (Fla. April 17,...more

4/21/2014 - Discrimination Employee Rights FCRA Pregnancy Pregnancy Discrimination

Yes, Employers Can Win Summary Judgment In State Court

Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of...more

1/16/2014 - Discrimination Employer Liability Issues Summary Judgment

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

7/17/2013 - Discrimination EEOC Gender Discrimination Hiring & Firing Sex Discrimination Sexual Harassment Title VII

When Bad Things Happen To Good Employers: An Equal Employment Opportunity Update

I've had many clients tell me they can't believe they're being sued for discrimination. They tell me they treat their employees fairly, that they're not bigoted, that they would never discriminate against employees on the...more

3/14/2013 - Disability Discrimination Discrimination EEOC Pregnancy Discrimination Race Discrimination

No, Pregnancy Discrimination Is Not Legal In Florida (Despite What You May Have Read)

I just read an article entitled "Florida lawmakers look to end discrimination against expecting mothers." Posted on the website of a Fox News affiliate, the article begins by stating...more

2/26/2013 - Discrimination FCRA Pregnancy Pregnancy Discrimination Supremacy Clause Title VII

Yes, Dear, I Will Fire My Employee Because She is "Hot"

Can a boss fire an employee simply because he finds her attractive? Yes, according to the Iowa Supreme Court in a recent decision, Nelson v. James H. Knight, DDS (Iowa, December 21, 2012). And, lest you conclude that the...more

1/2/2013 - Discrimination Hiring & Firing Melissa Nelson Nelson v Knight Sex Discrimination Sexual Harassment Termination

Manager’s Opposition To Employer’s Handling Of Rape Allegations Not Protected Activity, Rules Eleventh Circuit

Title VII generally protects employees who oppose employment practices made unlawful by Title VII, such as sexual harassment. But what happens when a manager disagrees with the way in which her employer handles an internal...more

3/28/2012 - Discrimination Internal Investigations Protected Activity Retaliation Sexual Harassment Title VII

Is Pregnancy Discrimination Legal Under Florida Law? Courts Are Divided.

The Florida Civil Rights Act, which, among other things, prohibits sex discrimination in employment, does not prohibit pregnancy discrimination, according to a recent decision by a federal judge in Florida. If that...more

3/12/2012 - Discrimination Human Rights Pregnancy Discrimination Sex Discrimination

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