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According to employment news, the Equal Employment Opportunity Commission (EEOC) is conducting an investigation into Google’s employment practices. At issue, the allegation that Google discriminates in its hiring practices based on age. The Age Discrimination in Employment Act (ADEA) prohibits discriminating against people who are 40 or older in terms of employment – whether hiring, firing or failing to promote. In this instance the investigation has begun as the result of several claims have been made against the tech giant, including that Google failed to hire individuals for engineering jobs based on their age.

If you believe that you have suffered employment discrimination, it is important to speak with a private attorney who can discuss your matter and help you determine your next steps. If you would like to pursue a discrimination lawsuit, the first step is to file a complaint with the EEOC. The EEOC will then conduct an investigation into the charges. At the close of its investigation, the EEOC will provide you with a Notice of Right to Sue. Your attorney may then file a lawsuit on your behalf in court.

Where age discrimination is alleged, issues such as hiring practices and whether a more qualified candidate was passed over for a younger candidate, or whether harassing or negative comments are directed toward older workers, are significant in showing whether discrimination occurred. For more information, or if you believe that you have been subjected to age discrimination, please contact the experienced Atlanta employment discrimination lawyers at Buckley Beal, LLP for an immediate consultation.

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A Georgia congressman is fighting to include the LGBTQ community as a protected category pursuant to Title VII of the Civil Rights Act of 1964.  A recent poll has found that roughly 75% of Americans believe that sexual orientation should be protected from discrimination.   Congressman John Lewis, a representative from Georgia’s 5th District, is a co-sponsor of the “Equality Act” that seeks to add sexual orientation and gender identify to federal law.

A representative of the Human Right Campaign – a lobbying group that supports these efforts notes, “No one should be left behind, whether you’re straight or gay.  It should be equality for all.”

Currently, Title VII makes it illegal to discriminate against individuals due to their race, gender, religion or national origin

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According to recent employment news reports, retailer Macy’s has agreed to settle employment discrimination charges in order to avoid trial. The allegations against the department store include assertions that it discriminated against non-U.S. citizens who were authorized to work. Pursuant to the Immigration and Nationality Act (INA), employers cannot demand that lawful permanent residents show their residency cards when they start working. Rather, showing a social security card or driver’s license is sufficient.

In this instance, a worker was hired by the store, but then her start date was delayed due to the human resources manager requiring that she show unexpired permanent residency documents. Pursuant to the settlement, the woman received back pay and damages. In a statement, the Justice Department noted, “All employers should take care not to impose unlawful burdens on employees because of their citizenship or immigration status.”

The federal government protects workers from discrimination due to national origin and immigration status. In addition to INA, Title VII of the Civil Right Act of 1964 prohibits employers from discriminating against employees – whether in hiring, firing, or promoting, based on an individual’s race or national origin. Furthermore, the Fair Labor Standards Act requires employers provide the same protections to all workers (minimum wage and overtime compensation for non-exempt employees) regardless of immigration status.

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A recent employment law case argued before the United States Supreme Court has been resolved in favor of the employee. In Green v. Brennan, the Court determined that the time for filing a complaint for “constructive discharge,” (where a worker quits but does so as a result of a discriminatory atmosphere that makes it virtually impossible to continue working) starts to run at the time of the resignation. The worker then has 45 days to file a constructive discharge claim. This ruling clarifies competing rulings that have held that the time period runs from the employer’s last discriminatory action –often a much shorter time frame.

In this instance, the lawsuit was brought on behalf of a United States Postal Worker who was turned down for a promotion. He then filed a claim with the Equal Employment Opportunity Commission (EEOC) alleging employment discrimination pursuant to Title VII of the Civil Rights Act of 1964.   Following his filing a claim, he received threats and harassment, ultimately leading to his resigning from the position.

The Court has determined that the time for making a claim for constructive discharge begins to run from the time he quit, rather than the last harassing/discriminatory action.

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The Equal Employment Opportunity Commission (EEOC) has recently issued guidance to employers concerning tips to avoid employment discrimination, particularly national origin discrimination. If you believe that you may be a victim of race or national origin discrimination, it’s crucial you consult with an experienced George race discrimination law firm immediately.

In the latest proposed guidance, the EEOC has made it a national strategic priority to ensure that employers do not discriminate against immigrant, migrant and other vulnerable populations. Instances of discrimination may include actions based on “perceived” national origin such as refusing to hire someone with a darker complexion because you think they may be from the Middle East, or that they may follow a particular religious belief.

An additional way employers may discriminate is by recruiting for a particular job through “word of mouth,” if the purpose of that recruiting is to keep a specific protected group from applying for a position.

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Recently, the Center for Work Life Law issued a report noting a recent uptick in employment discrimination lawsuits based on employers treating workers unfairly based on their “family responsibilities.” According to the group, more and more lawsuits have been filed by workers alleging they have been discriminated against due to care taking obligations as the result of pregnancy, motherhood, fatherhood, caring for elderly parents, or other family members who are sick, old or disabled.

Statistics show that more than 4000 discrimination lawsuits have been filed in the last few years alleging “discriminatory conduct” in violation of one of the several federal and state laws designed to protect workers from caretaker bias, such as the Family and Medical Leave Act (FMLA).

Examples of the types of bias include:

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Airbnb, the popular vacation rental site that allows people to rent out their homes, or stay in other’s homes around the world, is being sued for race discrimination. According to a recent news reports, an African American man has alleged that he was racially discriminated against when trying to book listings on the site.

Despite his complaints to the company, the company ignored the man’s allegations the complaint asserts. According to the lawsuit, the man attempted to book a listing, first as a black man, then two separate times as a white man. He was denied a space by the host when he used his real picture, but when he used fake accounts with white profile pictures, his requests to rent were accepted. He then contacted Airbnb, which failed to respond.

A spokesperson from the company noted that while it cannot comment on pending litigation, it believes “discrimination is unacceptable” and is contrary to its philosophy of bringing people together.

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Recently, transgender bathroom laws have received a lot of media attention, and have caused significant controversy in may states.

In order to help employers understand their responsibilities and employees under stand their rights, the Equal Employment Opportunity Commission (EEOC) has just issued a Fact Sheet setting forth access guidelines for Transgender Employees Pursuant to Title VII of the Civil Rights Act of 1964.   Pursuant to this fact sheet:

Transgender refers to people “whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate).” Additionally person does not need to undergo any medical procedure to be considered a transgender man or a transgender woman.

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On May 3rd, the Georgia legislature is set to vote on the anti-gay “religious liberty” bill, which gives faith based organizations the option to deny certain services to gay people. Proponents argue that the bill protects “religious freedom.” However, opponents explain that the measure is appalling and “anti-LGBT.” The fight underscores that while discriminatory incidents still occur, many businesses and employers now recognize how harmful discrimination is, and the importance of eliminating discriminatory practices.

Numerous companies have publicly denounced the bill and have threatened to pull out of Georgia if the Governor signs HB 757. These companies include Coca-Cola, Home Depot and Marriott.   Disney has stated that it will stop filming in Georgia, and in a statement noted, “Disney and Marvel are inclusive companies, and although we have had great experiences filming in Georgia, we will plan to take our business elsewhere should any legislation allowing discriminatory practices be signed into state law,”

Currently, federal law – Title VII of the Equal Rights Act of 1964 – prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.

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Recently, the Equal Employment Opportunity Commission (EEOC) filed two sexual orientation discrimination lawsuits against private employers asserting violations of Title VII of the Equal Rights Act of 1964. This is an important step. Although Title VII prohibits sex discrimination, it does not explicitly prohibit “sexual orientation” discrimination. Last year, the EEOC issued a report setting forth it’s opinion that sexual orientation should be included under the umbrella of “sexual discrimination.”

The recently filed employment discrimination cases seek to enforce this opinion.   In the first, a gay male suffered alleged harassment at work – his manager referred to him using gay slurs and made derogatory comments about his sexuality and sex life. Although he complained, reports assert no actions were taken.

In the second case, a lesbian worker was harassed by her boss. When she complained, she was fired.