Kaplan Employment Law

09/24/2026

"HR protects the company, not the employee." This phrase has become internet gospel online, even repeated by some lawyers. But it's quietly hurting the people who need protection the most.

Here's why: under a legal framework called Faragher-Ellerth, an employer can defend against a harassment claim by showing they had a reasonable complaint procedure in place, and that you didn't use it. That "procedure" can be as simple as an employee handbook with an anti-harassment policy and a signature page.

In other words, believing HR won't help you and staying silent can cost you your legal claim entirely, no matter how serious what happened to you was.

Worried reporting will get you fired? If it does, that's actually a strong retaliation case. If you stay silent instead, you're still stuck in the harassing environment, and if you resign instead of reporting, you likely don't have a claim at all.

If you're dealing with harassment at work, a simple email can protect your rights: "I'm being sexually harassed at work, and I would like you to investigate." That one sentence triggers your employer's legal duty to take action.

Our latest blog breaks down what HR is legally required to do, warning signs an investigation isn't fair, and when to bring in an attorney.

📖 Read more: https://kaplanemploymentlaw.com/is-hr-on-your-side-why-you-must-still-report-harassment/

Questions about a workplace HR situation? Reach out for a confidential case review: (954) 800-4199

Is HR on Your Side? Of Course Not, but You Still Must Report Harassment. - Contact our Fort Lauderdale employment lawyers for a free consult today: (954) 268-0066.

09/11/2026

A supervisor promises a promotion — if she'll sleep with him. She says no. Weeks later, she's passed over "for performance reasons." That's quid pro quo harassment, and it's still illegal — even though courts no longer treat it as its own separate legal claim.

Since the Supreme Court's 1998 decisions in Ellerth and Faragher, every sexual harassment claim gets analyzed under one framework. But the "quid pro quo" fact pattern still matters a lot, because of one key question: did the harassment result in a tangible employment action (termination, demotion, a cut in pay or hours, a denied promotion, an undesirable reassignment)?

If yes, the employer faces automatic liability — no defense available. If no, the employer may be able to raise the Faragher-Ellerth defense (that they had an anti-harassment policy and the employee unreasonably failed to use it).

Our latest guide breaks down:
🔹 The 4 elements you need to prove
🔹 Why a single incident can be enough — unlike hostile work environment claims, which usually require severe or pervasive conduct
🔹 The full liability framework depending on who harassed you and what happened after
🔹 What to do (and not do) if this is happening to you right now

We recently secured a $115,000 settlement for a client in exactly this situation — a promised promotion tied to a relationship, followed by retaliation when she said no.

📖 Read the full guide: https://kaplanemploymentlaw.com/what-is-quid-pro-quo-harassment-a-florida-employees-guide/

If a "yes" to a request that has nothing to do with your job performance suddenly became a condition of keeping your job or getting ahead, you may have a claim. Reach out for a confidential case review. (954) 800-4199

What Is Quid Pro Quo Harassment? - Contact our Fort Lauderdale employment lawyers for a free consult today: (954) 268-0066.

09/01/2026

"You don't need a smoking gun to prove retaliation."

Under federal and Florida law, one of the hardest parts of a retaliation claim isn't proving you engaged in protected activity, or even that you were fired, demoted, or otherwise punished — it's proving the connection between the two. Courts call this "causal connection," and it's often the element that makes or breaks a case.

In our latest blog, we break down:
🔹 Why timing matters — courts generally treat retaliation within days to weeks as strong evidence, while gaps beyond 3 months usually need more
🔹 The "decisionmaker knowledge" rule — whoever fired or disciplined you must have actually known about your protected activity
🔹 How a pattern of smaller adverse actions can add up to retaliation, even without one big incident
🔹 What other evidence (shifting excuses, inconsistent discipline, how coworkers were treated) can fill the gap when timing alone isn't enough

📖 Read the full breakdown: https://kaplanemploymentlaw.com/causal-connection-the-third-element-of-a-retaliation-claim/

If you were punished after reporting discrimination, harassment, or unpaid wages, don't wait — evidence gets harder to gather the longer you wait. Reach out for a confidential case review. (954) 800-4199

Causal Connection: The Third Element of a Retaliation Claim - Contact our Fort Lauderdale employment lawyers for a free consult today: (954) 268-0066.

08/20/2026

"They never fired me, so I don't have a case." That's one of the most common — and most incorrect — assumptions Florida employees make about sexual harassment.

Under Title VII and the Florida Civil Rights Act, a hostile work environment claim doesn't require you to lose your job or a promotion. Courts look at five specific elements, including whether the conduct was "severe or pervasive" enough to change your working conditions — and yes, even a single serious incident can be enough.

In our latest blog, we break down:
🔹 The 5 legal elements every sexual harassment claim must meet
🔹 Why "quid pro quo" isn't actually a separate legal claim anymore
🔹 How employer liability changes depending on whether a supervisor or a coworker was involved
🔹 The strict deadlines (300 days for the EEOC, 365 for the FCHR) that can bar your claim if missed

📖 Read the full breakdown: https://kaplanemploymentlaw.com/what-are-the-elements-of-a-sexual-harassment-claim-a-florida-employees-guide/

If you've experienced unwanted sexual conduct at work, don't wait — reach out for a confidential case review. (954) 800-4199

08/05/2026

Retaliation is the most common basis for wrongful termination, yet the most misunderstood.

The elements of retaliation are:

1️⃣ Protected Activity
2️⃣ Adverse Employment Action
3️⃣ Causal Connection

If you reported sexual harassment, filed a discrimination complaint, requested a disability accommodation, or exercised any other legal right at work and were then fired, had your hours cut, or had your pay reduced — that's not a coincidence. That's retaliation, and it's illegal under federal and Florida law.

We break down the three elements of a retaliation claim, which statutes protect you, and exactly what to do if it's happening to you.

What Is Workplace Retaliation? - Contact our Fort Lauderdale employment lawyers for a free consult today: (954) 268-0066.