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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.

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Federal and state laws protect against various different types of discrimination.  For example, Title VII of the Civil Rights Act of 1964 prohibits employers from discrimination against employees on the basis of religion, gender, sex, national origin or race.   Additionally, the Americans with Disability Act (ADA) and the American with Disabilities Amendments Act (ADAAA) prohibit discrimination on the basis of age (i.e. employers who employ more than 20 people may not take negative actions against workers over aged 40 including firing, failing to hire or promote, or retaliating for complaining about discrimination.)

Other laws provide additional protections such as the Family and Medical Leave Act (FMLA) which allows eligible employees to take up to 12 weeks unpaid leave under certain circumstances and the Uniformed Services Employment and Reemployment Rights Act (USERRA), which provides that most military personnel must be returned to their jobs when returning from serving in the military, and also prohibits discrimination based on an employee’s military service.

Movements are also underway to prohibit discrimination based on credit scores.  However, one segment of the population – ex-cons – are not protected from discrimination when they enter the work force, although significant policy considerations favor establishing some protections to cover formerly incarcerated individuals after they have served their time.  In fact, a new petition is asking Obama to issue an executive order that prohibits federal agencies and government contractors from screening out people with criminal records in the early stages of the hiring process.

According to statistics, ex-convicts are 50 percent less likely to find employment than other job seekers, the activists say, which makes them more likely to fall back into a life of crime.  For more information or if you or a loved one has faced any type of employment discrimination, please contact the experienced Atlanta employment discrimination lawyers at Buckley Beal, LLP for an immediate consultation.

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According to recent employment law reports, a man has filed an age discrimination lawsuit against 7-Eleven, the national convenience store chain.   The employment discrimination claim asserts that a 73-year-old man was hired by a convenience store seven years ago as a cashier. The man earned $9.25 an hour. However, in January 2014 7-Eleven took over the store and the man allegedly began to suffer discrimination from younger managers.   For example – the managers complained of him being “too slow,” further after he explained to them that he suffered from various disabilities that affected his functional capacity, the managers were unsympathetic and moved him from cashier duties to more physically demanding jobs such as sweeping, mopping, and pulling weeds. Younger employees did not endure the same treatment.

The complaint further states that the man was constructively discharged a few months later, without ever having been formally disciplined and without a reasonable explanation for the disparate treatment, and without suggestions or meaningful discussions of reasonable accommodations.

Pursuant to the Americans with Disabilities Act (ADA) employers are required to make efforts to reasonably accommodate qualified individuals with disabilities. The type of accommodation generally depends on type of job and the nature of the disability.   Further, according the Age Discrimination in Employment Act (ADEA) your employer may not discriminate against you on the basis of your age, and you are also protected from harassment on the basis of your age.

The man is seeking damages and back wages.

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

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Employment discrimination can happen to anyone – regardless of what region of the country they live in, what type of job they have or  their salary range.  Employment discrimination doesn’t just affect those in lower paying – entry level jobs.  Even high-powered, well-paid celebrities may be the affected by employment discrimination – underscoring the need for everyone to work together to raise awareness concerning unequal workplace treatment and the need to put an end to any unlawful discrimination.  In fact, employment law news reports that the Equal Employment Opportunity Commission (EEOC) has begun an investigation over gender discrimination in Hollywood.  The EEOC is specifically asking directors to speak with them about gender related issues they are facing in Hollywood, including the systemic failure to hire woman directors at all levels of the film and television industry.

According to statistics, with just 7% of the directors being women, this number falls far below the percentage of women in the general population.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of sex (as well as race, color or national origin.)  This means that an employer or company cannot take any form of adverse or negative action against you because of your gender, such as:

  • Failing to hire
  • Firing
  • Suspensions
  • Lay offs

While not necessarily conclusive, showing that one group or protected class is affected disproportionately by negative actions (such as a failure to hire) may help prove discrimination exists.

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

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A recent employment discrimination lawsuit has been filed against a Louisiana company allege unlawful racial discrimination. According to the suit, the man was employed as a night shift supervisor in charge of plugging and abandoning wells. The man was subsequently terminated for alleged poor performance concerning his operation of a piece of machinery. In the lawsuit, the worker asserts that this allegation is false – pretense – because the man never operated equipment. He also asserts that he was not skipped over for promotion in favor of a unqualified white worker.

Unfortunately, such allegations –if true- occur far too frequently in the work place. Employment discrimination does not refer to simply one type of action, but may include several different types of conduct that negatively affect workers on the basis of the race, color, sex, national origin and religion.

Title VII of the Civil Rights act of 1964 prohibits discrimination against employees, former employees and applicants for employment if they are included in one of these “protected” categories.

Not only does discrimination refer to firing or not hiring some one because he or she belongs to one of these groups, but it includes any instance of using someone’s race, gender or other protecting category as the basis for taking a negative employment action including failing to promote, retaliation for complaining about discrimination, or transferring to a less desirable location or shift.

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

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Discrimination laws prohibit employment discrimination against current and prospective employees on the basis of a variety of different protected categories such as race, sex, national origin, and religions. Not all instances of employment discrimination are blatant – in some situations a company’s rules or policies – such as English only rules or requiring applicants take a test before in order to qualify for a job constitutes discrimination.

For example, in a recent sex and age discrimination case several applicants at a trucking company sued alleging that they were discriminated against because of the company’s mandatory strength test.   According to legal news, the Equal Employment Opportunity Commission (EEOC) investigated the complaints and determined that the strength exam was not indicative of the strength needed for the job. As such, women and older applicants who were not hired as a result of the test may have a claim for sex or age discrimination.

A representative noted, “Physical agility tests for positions that do not require the same level of physical ability can run afoul of federal law.”

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

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Recently, Senator Elizabeth Warren (D-Mass.) and Rep. Steve Cohen (D-Tenn.) introduced a new bill seeking to eliminate potential employment discrimination based your credit score. The new bill – the Equal Employment for All Act, criticizes American employers’ ability to check the credit history of job applicants. The legislators argue that checking applicant’s credit history discriminates against people who have struggled with academic hardship or were victims of a bad economy.

Warren and Cohen noted, “This is an issue of basic fairness….Americans should be able to compete for jobs on their merits, not on whether they have enough money to pay all their bills.” They further argued that it is wrong to shut out people with bad credit from the job market.   Such a practice is counter-intuitive – people generally need jobs to obtain the income necessary to pay their bills and repair their credit.

Additionally, for the majority of jobs, there is little correlation between someone’s job performance and their credit report.   Although in limited jobs such as those required security clearance, a good credit report may have some relevance to the job, for the most part a credit check is unnecessary.

The Equal Employment for All Act was designed to help those Americans who need a job most – they should not be subjected to employment discrimination based on their financial circumstances.

For more information about this bill or any other employment discrimination question, please contact the dedicated Atlanta employment discrimination lawyers at Buckley Beal, LLP for an immediate consultation.

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An unfortunate result of the aging of America and the desire of employees to work longer, is that age discrimination is on the rise.   Often employers believe that older, more experienced workers cost more to keep on the payroll – as the result of seniority, pension plans, etc.   Many times – the people who may contributing the most in terms of skills and experience are the first to go when times are tough and companies need to save money.

Examples of age discrimination include an employer not hiring someone because they want a younger looking person to do the job. Other times catch phrases are used that are based in discrimination – such as you were “inflexible” concerning taking new assignments, or the project called for someone who is “digital native,” or an employer explains that they are looking for “new blood.” These phrases may cloak an anti-older worker bias. Where an age bias impacts your ability to get a job or a promotion, or leads to your termination, you may have a claim for age discrimination.

The Age Discrimination in Employment Act (ADEA), which was passed in 1967, prohibits your employer from taking negative employment actions against older workers (those over 40), whether hiring, firing or failing to promote. Unfortunately, the incidence of age discrimination continues to rise.

For more information or if you believe that you may have suffered discrimination as the result of your age, please do not hesitate to contact the experienced Atlanta discrimination lawyers at Buckley Beal, LLP.