For many litigators, the best way to start a new year is with a new summary judgment standard! On December 31, 2020, the Florida Supreme Court issued an opinion, adopting the federal court’s summary judgment standard as articulated by the United States Supreme Court in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986). This has been a long time coming for businesses as the federal standard may decrease legal expenses by expediting civil lawsuits and avoiding unnecessary trials. This decision may also alleviate the burden on Florida’s courts by allowing more cases to be resolved at the summary judgment phase.

Former Summary Judgment Standard

Summary judgment in Florida is governed by Rule 1.510. In pertinent part, Rule 1.510 previously provided the “summary judgment evidence on file must show there is no genuine issue as to any material fact.” Florida courts have taken a broad approach in interpreting “no genuine issue” by prohibiting the granting of summary judgment where there is the existence of any evidence of an issue of fact. In other words, if there was the “slightest doubt” raised, Florida courts would not grant summary judgment.

Federal Summary Judgment Standard

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In one of the most significant Supreme Court cases for Florida employers in many years, the U.S. Supreme Court held by a 6-3 margin that Title VII of the Civil Rights Act of 1964 (commonly known as “Title VII”) protects gay and transgender individuals from discrimination in the workplace. In the anxiously anticipated decision, which is a consolidation of three cases, the Court held in Bostock v. Clayton County, Georgia, that Title VII’s prohibition against discrimination on the basis of sex includes discrimination because of an individual’s sexual orientation and gender identity. While the decision only addresses traditional claims of discrimination (plaintiffs were all fired from their jobs), employers should expect that the ruling will extend to claims of harassment as well. If you are a Florida employer, this decision likely means that you need to update, review, and discuss your employment policies with your employees.

New Protections

Until recently, the lower courts that had ruled on the issue routinely held that Title VII’s protections did not extend to discrimination against individuals who had adverse actions taken against them merely because they were gay or transgender. In fact, one of the consolidated cases came from the Eleventh Circuit, which had cited a long-standing lower court precedent in rejecting the claim of a gay male who was fired from his job in Georgia solely because his employer learned that he was gay. Florida is part of the Eleventh Circuit, and so gays were not protected under Title VII’s coverage in Florida until today.Continue Reading Supreme Court Holds that Civil Rights Law Covers LGBT Employees

It has long been settled that mistreatment based prohibited characteristics (such as race or sex) is actionable under Title VII even without a tangible employment action – e.g., termination, demotion, or pay cut. These are often referred to as hostile-environment claims. A hostile-environment claim under Title VII requires evidence of mistreatment that is sufficiently severe or persuasive that it can be said to alter the terms or conditions of employment. This measure is meant to draw a dividing line between trivial slights and substantial discrimination.

Nearly a decade ago, the Supreme Court clarified that mistreatment based on retaliation for protected conduct is likewise actionable under Title VII without a tangible employment action. However, the test is different. A retaliatory-hostile-environment claim is actionable when the mistreatment “well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53, 57 (2006).

Accordingly, when dealing with hostile environment caused by retaliation, the court must ask if the mistreatment would have dissuaded a reasonable worker from making a claim of discrimination. When confronted with a hostile-environment-claim stemming from race or sex, the court must ask if the mistreatment was sufficiently severe or persuasive to alter the conditions employment.Continue Reading Eleventh Circuit Clarifies Standard for Retaliation Under Title VII