Are You An Employer Or Employee?

October 24, 2014

A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after working for two years, she was promoted and became a shareholder and a member of the board of directors. Further, she began receiving a quarterly distribution based on her role on the board.

Several years later, the woman sustained serious injuries as the result of a kayaking accident and was unable to return to work full time. She then requested a leave of absence. Subsequently, the board voted to terminate the woman if she could not perform her duties as an anesthesiologist without restriction, and did not resign on her own. When she did not resign, she was fired. The woman then filed a lawsuit for disability discrimination pursuant o the Americans with Disability Act (ADA). The lower court determined that the doctor should be considered an employer rather than an employee, and as a result was not protected by the ADA. The ADA makes it illegal to discriminate against qualified individuals as the result of a disability.

If you have questions about the ADA, or believe that you may have been discriminated against because of a disability, consulting with an experienced Atlanta employment discrimination lawyer is important to determine your rights and evaluate your next steps.

Continue reading "Are You An Employer Or Employee?" »

ADA Lawsuit Filed Against FedEX

October 18, 2014

Legal news reports that a federal discrimination lawsuit has just been filed against FedEx. The Americans with Disabilities Act claim asserts that FedEx discriminated against a large class of deaf and hard of hearing package handlers and job applicants for many years. Among the allegations include claims that the company failed to provide the workers necessary accommodations to perform their job.

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect certain “qualified” individuals from discrimination in the terms and conditions of your employment. The ADA/ADAAA also protects you from disability harassment or retaliation for complaining about disability discrimination or participating in another person’s disability claim.

If you have questions about disability discrimination or believe that you have been discriminated against as the result of a disability, consulting with an Atlanta disability discrimination law firm right away is important to protect your rights and provide you critical guidance.

Continue reading "ADA Lawsuit Filed Against FedEX" »

Supreme Court To Hear Religious Discrimination Case Based On Look Policy

October 11, 2014

The Supreme Court has just announced that it will hear the religious discrimination filed by a Muslim woman against clothing retailer Abercrombie & Fitch. The Title VII employment discrimination matter involves the case of a Muslim teenager who was rejected from a job she applied to as floor staff because she didn’t meet their “Look Policy.” The teen wore a hijab, which was contrary to the policy banning wearing black clothes and “caps.”

All people who apply for jobs at Abercrombie and Fitch as floor employees are considered models and are graded on a 3-point scale of “appearance & sense of style.” The teen originally scored a 2, but when it was learned that she wore a black hijab, her score was decreased to a 1, which disqualified her completely from being able to obtain a job at the store.

The teen sued for employment discrimination – specifically religious discrimination – pursuant to Title VII of the Civil Rights Acts of 1964, which prohibits employment discrimination on the basis of “race, color, religion, sex or national origin.”

If you have questions about any form of employment discrimination or believe that you have been discriminated against, your first step should be consulting with an experienced Atlanta discrimination lawyer. A knowledgeable Atlanta employee’s rights attorney can determine your rights and help you seek the redress you deserve.

Continue reading "Supreme Court To Hear Religious Discrimination Case Based On Look Policy" »

Transgender Lawsuits Filed Against Two Companies

September 30, 2014

The EEOC has filed its first Title VII lawsuits on behalf of transgender workers. The lawsuits, filed against Florida and Michigan companies, accuse the businesses of discriminating against workers based on their gender identity. The federal complaints demonstrate the latest efforts by the U.S. government to improve all workers‘ rights, including the LGBT community.

“Title VII” refers to Title VII of the Civil Rights Act of 1964, the federal law making workplace discrimination illegal. The law prohibits discrimination on the basis of sex, color, race, religion, and national origin. In the years since its passage, Congress has passed additional laws prohibiting employment discrimination on the basis of age and disability.

If you have questions about Title VII or believe that you may have been discriminated against in any way consulting with an experienced Atlanta employment discrimination lawyer is important to determine your legal rights and your next steps.

Continue reading "Transgender Lawsuits Filed Against Two Companies" »

When Is Workplace Bullying Discrimination?

September 24, 2014

A recent article raised an interesting question – is “bullying” a new form of workplace discrimination? The article was premised on the idea that often harassing behaviors occur within the office setting but may not rise to level of what workers think constitutes actionable discriminatory conduct. However, while many companies and employees recognize that blatant discriminatory conduct – such as overt comments, threats and firing (or failing to hire someone) explicitly because of their race or gender – is not allowed, often more subtle “bullying” conduct may be considered legally discriminatory as well.

If you have questions concerning potential workplace harassment or discrimination at your place of work, consulting with a knowledgeable Atlanta employment discrimination attorney at once is important to protect your rights and determine your next steps.

Continue reading "When Is Workplace Bullying Discrimination?" »

Religious Discrimination Lawsuit Filed Against Dunkin Doughnuts

September 14, 2014

Legal news reports that a federal religious discrimination lawsuit has just been filed against Dunkin Doughnuts. According to the lawsuit, a franchise refused to hire a North Carolina man who could not work Saturdays due to his religious beliefs. The man is a Seventh Day Adventist.

Title VII of the Civil Rights Act of 1964 prohibits religious discrimination. This means that your employer may not discriminate against you based on your religious beliefs and may not harass you because of your beliefs. Your employer is also prohibited from retaliating against you for participating in someone else’s discrimination case.

In practical terms, this means that if your religion requires you to take certain days off to attend services or otherwise practice your faith, or wear certain clothing while in the workplace, your employer must take steps to reasonably accommodate you. This may include allowing you to take those days off or modifying dress code requirements as long as it doesn’t place an undue burden on your employer.

If you have questions about religious discrimination or believe that you may have been discriminated against based on your religious beliefs or practices, consulting with an experienced Atlanta religious discrimination lawyer is important to determine your next steps.

Continue reading "Religious Discrimination Lawsuit Filed Against Dunkin Doughnuts" »

Sex Discimination Case Filed Against Costco

September 8, 2014

This past week, the EEOC filed a sex discrimination case against retail giant Costco. The Title VII lawsuit alleges that Costco violated federal sex discrimination laws when it failed to protect a female employee from unwanted sexual advances made by a customer. According to the lawsuit although the woman repeatedly complained to her managers about the stalker, Costco failed to take steps to protect her.

If you have questions about sexual harassment or discrimination, or if you believe that you have been the victim of illegal conduct, consulting with a compassionate and knowledgeable Atlanta sexual harassment lawyer is important to protect you and determine your next steps.

Continue reading "Sex Discimination Case Filed Against Costco" »

Policies That Have Disparate Impacts On Protected Individuals May Be Discriminatory

August 31, 2014

Workplace discrimination can occur in a variety of manners. Although employment discrimination cases often focus on intentional acts of discrimination – such as not hiring someone or firing someone because of their race or gender – policies or actions that negatively impact a protected group may also constitute discrimination. Called “disparate impact” discrimination, this type of discrimination is also prohibited.

If you believe that you have suffered any form of employment discrimination, consulting with an experienced Atlanta employment discrimination law firm is important to provide you critical legal guidance and determine your next steps.

Several recent employment discrimination cases have evaluated policies that appeared neutral but really had a disproportionately negative impact on blacks and women. These cases provide good examples of policies that appear "neutral" but may in fact constitute disparate impact discrimination.

Continue reading "Policies That Have Disparate Impacts On Protected Individuals May Be Discriminatory" »

Religious Discrimination Lawsuit Filed Against Grocery Store

August 25, 2014

Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of” your religious beliefs. It also protects you from harassment based on your beliefs or religious affiliation, or retaliation if you complain abut discrimination. In addition, religious discrimination laws require that your employer make reasonable efforts to accommodate your beliefs and that your employer not impose its religious views on you or allow your co-employees to impose their values on you.

If you have questions about religious discrimination or believe that you may have been discriminated against as the result of your religious beliefs, consulting with an experienced Georgia religious discrimination lawyer is important to determine your rights and your next steps.

Continue reading "Religious Discrimination Lawsuit Filed Against Grocery Store" »

Teacher Wins Reverse Race Discrimination Jury Trial

August 14, 2014

Despite significant progress in race relations, race discrimination continues to affect many work places – whether its discrimination in hiring or promoting, or having to endure offensive comments or slurs. Fortunately, Title VII prohibits employers from discriminating against their employees "because of" their race or color. That means that employers may not take your race or color, or your perceived race or color, into consideration in making employment decisions.

While Title VII was initially thought to be limited to blacks and other racial minorities, it applies to everyone and forbids employers from taking race into consideration in any employment decision. When a non-minority brings a claim, it is referred to as a “reverse discrimination” lawsuit. If you have questions about race discrimination or believe that you have suffered race discrimination at work, consulting with an experienced Atlanta race discrimination lawyer is critical to determine your next steps.

Continue reading "Teacher Wins Reverse Race Discrimination Jury Trial" »

Requiring Extra Documentation May Constitute Immigration Discrimination

August 8, 2014

A recent case out of New York highlighted an issue that is prevalent throughout the country – immigration discrimination. Immigration discrimination encompasses those situations where an employer engages in a pattern or practice of discrimination based on your immigration status.

The Immigration and Nationality Act (INA), anti-discrimination provisions explicitly prohibits employers from requiring work-authorized employees (who may not yet be citizens) from requiring additional documents and proof of their employment eligibility.

If you have questions about immigration discrimination, or believe that your employer may have violated anti-employment discrimination laws, consulting with an experienced Georgia employee’s rights attorney is important to ensure your rights.

Continue reading "Requiring Extra Documentation May Constitute Immigration Discrimination " »

Sexual Harassment Claims May Arise As The Result Of Workplace Affairs

July 30, 2014

Inter office affairs have several serious consequences and may result in claims of harassment or discrimination. For example, sexual harassment claims may arise where one party feels pressure to become involved in a relationship in order to maintain his or her job. A recent case evaluated the situation where a female prison employee was engaged in an affair with a male companion and she alleged that she was treated more harshly when the affair was discovered than the male.

If you have questions about sexual harassment or sex discrimination, or believe that you have been subjected to any form of workplace harassment, consulting with an Atlanta sexual harassment lawyer is critical to determine your next steps.

In the recent case, Orton-Bell v. Indiana, a woman alleged sexual discrimination after she was fired for having an affair with a co-worker. Here although the female employee was fired, the male retained his work privileges. In fact, as the result of being fired she was no longer eligible for employment with the Department of Corrections in any capacity. However the male was permitted to resign, retain his pension and continue working for the prison as a contractor.

The Department of Corrections asserted that even though the male was treated more leniently, this could be explained by the fact that he had worked there for 25 years, however, it also meant that he “should know better” than to carry on an affair.

Continue reading "Sexual Harassment Claims May Arise As The Result Of Workplace Affairs" »