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A new employment discrimination lawsuit has been filed against Yahoo alleging that the tech giant was biased against men. According to allegations, the company favored female employees, both in terms of performance reviews and job retention.

The lawsuit was filed by a man who was working as an editorial director at Yahoo before being laid off. His termination was part of a “mass-layoff”, according to the complaint, which requires a 60-day notice period – longer than he was given. Additional allegations set forth in the complaint include that the top management shifted from 20% female to 80% female over the course of his time at the company. He also stated that top management has made statements in the public supporting increasing the number of female employees, as well promoting women based on their gender, while terminating, demoting or laying off male employees because of their gender.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, colorsexnational origin, and religion. This means that it is illegal to take an employee’s gender into consideration in any aspect of employment including hiring, firing, or failing to promote. Sex discrimination may exist where management takes negative employment action not only against female employees, but also against males and transgender workers.

In addition to a discrimination claim, if you complain about certain types of discrimination – such as sex discrimination – and you are retaliated against, even if a court finds that sex discrimination did not occur, you may have a claim for retaliation.

In the instant situation, the lawsuit is still pending.

For more information or if you believe that you have suffered any form of employment discrimination, please contact the dedicated Atlanta employment discrimination lawyers at Buckley Beal LLP for an immediate consultation.

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A race discrimination lawsuit has just been filed against the New Orleans’ Saints football organization by a former Saints’ employee. According to reports, an African American man has filed a discrimination lawsuit in federal court alleging racial bias in his termination.

Title VII of the Civil Rights Acts of 1964 makes it illegal for employers to discriminate against employees (or potential employees) on the basis of race, gender, national origin, age, sex, disability or religion.  This means that your company cannot take any form of adverse or negative action against you because you are a member of one of these protected categories. Adverse actions include hiring, firing, and taking retaliatory actions such as moving a worker to a less desirable location or forcing him or her to work more inconvenient shifts.

In this instance, the employee who worked as a personal assistant to the owner made specific allegations of statements against the owner suggesting a racial bias. Included in his complaint are specific allegations of direct discrimination including offensive, derogatory and racially charged statements made to him and about him.  The former worker alleged that his termination was a result of this bias.

If these allegations are determined to be true, they could be used as evidence to show that the National Football League and the owner unlawfully discriminated against the assistant based on his race.

For more information, or if you believe that you may gave been the victim of race discrimination or any other type of employment discrimination, please contact the experienced Georgia employment attorneys at Buckley Beal for an immediate consultation.

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A group of former Disney employees have just filed a claim with the Equal Employment Opportunity Commission (EEOC) detailing their intention to sue Disney for employment discrimination. The employees asserted that they were subjected to a hostile work environment and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964.

National origin discrimination may be found when an employer treats its employees or applicants for a job unfairly because they are from a particular country or part of the world, their accent or ethnicity, they appear to be of a certain ethnicity (even if they are not) or they associate with someone who is of a part of a certain ethnic organization or group. Further, national origin discrimination can occur between an employer and employee of the same ethnicity.

In this instance, the employees assert that Disney replaced the US employees with subcontracted foreign and temporary work visa holders.   In this instance, two former Disney employees were laid off, then given 90 days to train their replacements in order to receive their promised bonuses.

While this incident remains under investigation, the practice of of companies hiring workers in the United States on temporary visas for rapid training in lower level jobs and then sending the foreign workers back to their country of origin is growing. The issue is that often these workers are exploited based on their willingness to accept low wages for the opportunity to be in the United States, while at the same time current workers are displaced.

For more information or if you believe that you have been subjected to national origin discrimination, please contact the experienced Atlanta national origin discrimination lawyers at Buckley Beal, LLP for an immediate consultation.

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A recent employment law case determined that a Catholic school discriminated against a man when it rescinded his employment offer after finding out that he was in a same sex marriage. According to reports, the man had been offered a position as a food services director at a Catholic girls’ school. However the offer was withdrawn when the man listed his husband as his emergency contact.

Pursuant to Title VII of the Civil Rights Act of 1964 it is illegal to discriminate against any one in terms of his or her employment (such as hiring, firing, or promoting) based on his or her gender.

Representatives of the Catholic Church argued that the school should not be forced to hire the man because it violated the church’s constitutional right to “expressive association” by undermining the church’s teachings that gay marriage is wrong. However, the court rejected this argument and held that denying the man the job opportunity constituted improper sex discrimination.

Currently, Congress is considering new legislation that explicitly protects gay, lesbian and transgender employees. Earlier versions of the bill have provided exceptions for religious employers, and may have allowed sexual orientation discrimination to continue. However, the latest version protects all workers and prohibits religious organizations from discriminating on the basis of sexual orientation, similar to the protections against race and gender discrimination.

If you believe that you or someone you know has suffered any form of discrimination, please contact the experienced Atlanta employment discrimination lawyers at Buckley Beal LLP for an immediate consultation.

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A search of employment law news reveals that several new, high profile, age discrimination cases have been filed around the country.   This highlights the general trend that as the number of older workers staying in the workforce increases, so too does the incidence of age discrimination.

These cases include a Fox Sportscaster who asserts that she received less airtime and fewer assignments because of her age.  She reportedly was told this was due to how she looked on camera and that some of the men at the company wanted to look at younger women.

Additionally, a 57-year-old woman sued the clothing retailer Anthropologie for harassment.  She allegedly was significantly older than her other co-workers and supervisors.  When the store where she worked closed, the younger employees were given new assignments in nearby locations, while she was given less desirable location and job duties.

Fortunately, the Age Discrimination in Employment Act (ADEA) makes age discrimination illegal.   The ADEA prohibits any type of adverse action based on your age including:

  • Not hiring you because of your age
  • Harassing you because of your age – this includes making age related jokes and comments
  • Retaliating against you for complaining about age discrimination or participating in someone else’s case.

While both of the above cases are under investigation, the types of actions alleged, if true are representative of age related discrimination.

For more information or if you believe that you may have been subject to age discrimination in the work place, please contact the dedicated Atlanta age discrimination lawyers at Buckley Beal LLP for an immediate consultation.

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A recent anonymous poll taken by the University of Georgia’s Student Government revealed several anecdotal stories of discrimination by downtown Athens bars.  The responses to the survey documented numerous instances of the establishments taking actions aimed at keeping homosexuals and minorities out of their businesses.   These discriminatory actions included denying African Americans entry to a bar based on an alleged dress code, telling African Americans that the bars were closed for “Private events” and kicking gay men out of bars.  As a result of the study, government officials are looking into developing a resolution or ordinance to help end discrimination in downtown.

Unfortunately for many individuals, discrimination continues to exist in many facets of everyday living.  While education and laws can help prevent discrimination, many people continue to discriminate against others.     The good news is that several laws exists making it illegal to discriminate in the workplace.  Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees, former employees and applicants for employment on the basis of race, color, sex, national origin and religion.  Since then, additional laws have been enacted to protect against other forms of discrimination such as the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).  Homosexuals and transgender individuals are generally protected by sexual discrimination laws.

While these laws haven’t eradicated discrimination in the workplace, they do provide workers with a means to fight back.  Further, anti-retaliation provisions exist that make it illegal for an employer to take any type of retaliatory action against you for complaining about discrimination (even if it turns out that discrimination did not exist), or for participating as a witness in someone else’s discrimination case.

Hopefully, lawmakers and other community leaders will find a solution to help end discrimination facing many individuals in Athens and throughout Georgia.

For more information or if you believe that you have been discriminated at work, please contact the Georgia employment discrimination lawyers at Buckley Beal LLP for an immediate consultation.

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A recent case being argued in front of the United States Supreme Court involves the amount of time an employee must endure discriminatory treatment in order to maintain a claim for employment discrimination.

In the race discrimination lawsuit, Marvin Green alleges that he was subjected to horrible conduct at the hands of his employer – the United States Postal Service.   The 35-year-old veteran of the Postal Service alleged that he was passed over for a job for someone less qualified as a result of his race. After he submitted a complaint to the Equal Employment Opportunity Commission (EEOC), he then faced numerous acts of harassment, according to the lawsuit. These actions included being accused of “intentionally delaying mail” – a criminal charge. He was then suspended and lost his pay.   Although he was cleared of the charge, his supervisors failed to let him know, and continued to threaten the man’s union representative with further investigations.   Terrified, the postal worker took an early retirement and asserted that he suffered a “constructive discharge.”

However, when Green brought the federal lawsuit he was too late, according to a provision in the law and the case was dismissed. Federal employees are required to complain to an EEO counselor within 45 days of the alleged discriminatory actions. Here, the Postal Service asserts that the last discriminatory event occurred when he announced his resignation rather than when he actually left his job.   However, Green has asserted that the actual day he left – the date of the constructive discharge –  is in fact the last discriminatory action. This argument seemed to be favored by Justice Sotomayor who noted that the crux of constructive discharge claim is that when an employee is faced with discrimination so intolerable that he or she is forced to quit, the discharge itself furthers the discriminatory actions.  Hence, the actual leaving of ones’ job constitutes discrimination.

The matter is now under review by the U.S. Supreme Court.  For more information or if you believe that you may have suffered any form of employment discrimination, please contact the experienced Atlanta employment discrimination lawyers at Buckley Beal for an immediate consultation.

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A new report just gave numerous Georgia and Atlanta based businesses high scores for inclusion and anti-discrimination policies – especially concerning the LGBT community.  The Human Rights Campaign evaluated numerous companies across the state for their attitudes toward equality for lesbian, gay, bisexual and transgender workers.  In the 2016 assessment (based on calendar year 2015) the scores improved slightly from the previous poll taken in 2014.  The current results show that 13 companies had a perfect score – up from 11 a year ago.

“Transgender” refers to anyone who lives, has lived, or wants to live as a member of the opposite gender (sex) to their birth gender.   Recent interpretations of Title VII have interpreted “anti-sex discrimination laws” to extend to and protect transgender employees.

In the same way as with other types of unlawful discrimination, (such as race discrimination, sex discrimination, and religious discrimination),  it is illegal for an employer to discriminate against transgender employees in terms of their employment, such as decisions regarding hiring, firing, and promotions.

Thus, for employers, this means that they must treat all transgender fairly, However despite laws protecting transgender workers, discrimination can be an everyday experience for many transgender people and can affect nearly every area of life. In fact, recent survey shows that 26% of trans people lost a job due to bias and 50% were harassed on the job.

The recent report is good news for many LGBT workers and reflects positive changes in the Georgia corporate climate.  In a statement, a representative of the organization noted, “Corporate America has long been a leader on LGBT equality, from advocating for marriage equality to expanding essential benefits to transgender employees.”

For more information or if you believe that you have suffered any type of work place discrimination, please contact the experienced Georgia employment discrimination lawyers at Buckley Beal, LLP for an immediate consultation.

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A high profile lawsuit in Los Angeles is drawing attention to a disturbing reality many older workers face every day – age discrimination.    The age discrimination lawsuit alleges that an investigative producer for NBC news was fired in 2012 due to his age.  He was 69 at the time.   He was fired just a few weeks after a new team had come in to lead news.  He was told by superiors that “some people just see you as a grumpy old man who oughta just quit.”

One of the issues raised by the case is whether the person alleging discrimination must show that his or her replacement was younger is “prima facie” element of an age discrimination case.  NBC has asserted that the man was terminated for inadequate performance while the plaintiff asserts that the negative review was “pretext.”’

Unfortunately the incidence of age discrimination is on the rise, with more and more workers remaining in their jobs and continuing to work well past 65.  While employers should relish the experience and maturity of older workers, often the flip side occurs – employers may be quick to discriminate against older workers, and hire more youthful replacements – often saving money in the process.

Fortunately, if you believe that you have been a victim of age discrimination you can fight back Federal law – the Age Discrimination in Employment Act (ADEA) makes age discrimination illegal.   The ADEA prohibits discrimination against individuals over the age of 40, this includes:

  • Failing to hire a worker or firing a worker because of his or her age
  • Age harassment, such as hostility or abuse directed at you by other employees because of your age.
  • Retaliating against you for complaining about age discrimination or for participating in someone else’s age discrimination case.

For more information or if you believe that you may have been the victim of age discrimination, please contact the dedicate Georgia employment discrimination lawyers at Buckley Beal, LLP for an immediate consultation.

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A recent article in the New York Times revealed a disconcerting finding and the uphill battle many face against employment discrimination.   The conclusion comes as the result of a study conducted by researchers from Syracuse and Rutgers Universities.  The researchers sent cover letters and resumes to thousands of employers from fictitious people seeking accounting jobs.  In some of the letters the researchers revealed that the candidates suffered from some type of disability whereas in others they did not disclose this fact.  The resumes were identical otherwise.

Roughly 26% fewer employers expressed an interest in candidates who had revealed that they suffered a disability.   One of the researchers commented, “I don’t think we were astounded by the fact that there were fewer expressions of interest … but I don’t think we were expecting it to be as large.”

The study reaffirms what many qualified workers with disabilities experience in their job searches – having a “disability” makes it harder to find a job.  In fact, the most recent statistics show that only 34% of working age people with disabilities have a job, whereas 74% of those without a disability do.

Further the study showed that discrimination was most pronounced in workplaces with fewer than 15 employees — businesses that are not covered by the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA).

The ADA and the ADAAA specifically prohibit employers from discriminating against qualified individuals with disabilities in any aspect of their jobs – this includes hiring, firing, or failing to promote.  It also requires that that your employer make an effort to reasonably accommodate your disability. If, despite your disability, you are able to do your job, either with no accommodation at all, or with a reasonable accommodation, your employer must accommodate you.

For more information about the ADA or if you believe that you may have suffered any form of disability discrimination, the dedicated Georgia employment discrimination lawyers at Buckley Beal are here to help.  Please contact our knowledgeable Atlanta employment attorneys now for an initial consultation.