Atlanta Employment Lawyer Blog

The New York Times reports that a New Jersey man, El’Jai Devoureau – who was born a woman – has filed a ground breaking transgender discrimination lawsuit. At issue is whether he is considered a “man.”

Devoureau – a urine monitor at a drug treatment center – was fired because his employer claimed being male was a job requirement, implying that because Devoureau was transgender, he wasn’t really a man. Devoureau has identified himself as a male for his entire life and in 2006, began taking male hormones and had sex-change surgery.

New Jersey is one of a handful of states that ban transgender discrimination. Continued efforts have been made to pass the Employment Nondiscrimination Act (ENDA) banning workplace discrimination based on sexual orientation and gender identity, with the latest bill introduced to the U.S. House of Representatives this past March.

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As an unfortunate post-911 result, anti-immigration sentiment and discrimination against those based on their national origin has dramatically increased. National origin discrimination means treating someone differently – and negatively – based on his or her ethnicity. It may include such actions subjecting someone to ethnic slurs or jokes, making fun of one’s accent or having English only rules. It may also apply to job actions such as not hiring, firing or not being promoted as a result of your national origin.

In a recent example of discrimination based on ethnicity, an Iranian American – Hossein Zeinali - was denied security clearance by the Department of Defense and given a lower level job at Raytheon, Co.. Raytheon then fired him, claiming that the termination was based in part on his lack of security clearance. Zeinali then filed a lawsuit alleging race and national origin discrimination.

Continue reading " Job Bias Case Allowed Based On National Origin Discrimination " »

As the area of employment law continues to evolve, new laws are enacted, and old ones may be amended or interpreted in new ways. Fortunately many times, the new laws create greater protections for workers against employment discrimination. But what happens if you are subjected to discriminatory actions before a law becomes effective? What if case law changes the way a law is applied? In some limited circumstances, old claims can be “revived” as the result of new laws.

One example of this the Lily Ledbetter Act – as known as the Fair Pay Act. The Fair Pay Act was enacted in 2009 and provides that the statute of limitations “resets” with each new discriminatory paycheck. It also contains a crucial provision – that the act applies retroactively to claims pending as of May 28, 2007.

This provision was critical in allowing a group of white police officers claiming “reverse race discrimination” to maintain a claim under the act for actions that began before the Act was in place. In Groesch v. Springfield, Ill., the officers filed a claim for pay bias in July 2004. The claim was dismissed in 2007 as being untimely. The police officers then appealed. While the appeal was pending, President Obama passed the Ledbetter Act, which provides that each unfair paycheck constitutes a new violation, restarting the clock to file a lawsuit.

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Many times employees are afraid that if they take an approved leave under the Family and Medical Leave Act (FMLA), they won’t get their job back when they return. A recent case out of the Ninth Circuit has just determined that if an employer doesn’t give you your job back after an FMLA approved leave, it’s the employer’s responsibility to provide a legitimate reason why not.

Under the FMLA, certain employees have a right to take leave - such as workers who have a serious health condition, have to care for a family member with a serious health condition or to care for the birth or care of a newborn or adopted child. If you are entitled to leave and provide sufficient notice, if your employer fails to reinstate you, you may be able to bring a claim under the FMLA.

In Sanders v. Newport, a city employee – Diane Sanders - took an approved leave of absence due to health problems triggered by poor air quality and the city’s use of low grade billing paper at her office. After submitting fitness-for-duty certificates and requesting reinstatement, the city refused to allow Sanders to return, eventually firing her permanently.

Continue reading " Georgia Employers Must Show Legitimate Reasons For Failing To Reinstate Employees " »