Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against
Daniel C. Zamora
Daniel's practice includes commercial law, insurance defense, and employment-related litigation. He regularly represents employers in a variety of employment claims, including discrimination, retaliation, harassment, wrongful termination, and defamation. Daniel has particular expertise in defending employers against high-profile tort claims based on employee misconduct. His clients include corporate employers, government agencies, and non-profit organizations. Daniel is fluent in Spanish.
Disparate Impact Does Not Protect Job Applicants
On October 5, 2016, the Eleventh Circuit held in Villarreal v. R.J. Reynolds Tobacco Co., that an unsuccessful job applicant cannot sue a prospective employer under the Age Discrimination in Employment Act (ADEA) for a disparate impact claim. In so holding, the Eleventh Circuit reverses its November 30, 2015 decision holding the opposite.