A hostile work environment can be demeaning and devastating — but to win in court you need to prove more than just discrimination Continue reading →
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What constitutes a hostile work environment in Georgia?
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Is it Legal for My Boss to Fire Me for Taking Vacation?
Employers have a lot power when it comes to managing employee vacation days — but some states provide employees with more rights than others when it comes to taking time off.
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What to Do If Your Employer Is Falsifying Your Timecard
If your employer is shaving your hours, don’t think you’re powerless to stop it. Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. Continue reading →
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Sixth Circuit: Delaying the Resolution of a Teacher’s Discrimination Grievance Due to EEOC Filing was ‘Clearly Retaliatory’
When you experience what you believe to be workplace discrimination, there may be many possible wrinkles that could affect your ability to pursue or win your case. Each case comes with its own unique nuances, which is why it is so important to have an experienced Tennessee discrimination attorney on your side who can take each of the unique elements of your case and help you address each of them to achieve a favorable result. Continue reading →
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It’s Not Always Over After the Verdict: Lessons from a Groundbreaking Federal Discrimination Case from Atlanta
There are many different ways in which an employer can commit illegal discrimination in the conduct of its business. One of the more recently enacted statutory prohibitions was passed into law with the Genetic Information Nondiscrimination Act of 2008. That law bars employers from, among other things, making hiring, firing, promotion, pay, or privileges decisions based upon an employee’s genetic information. One case brought in federal court here in Georgia under this new law made national headlines back in 2015. Today, that 2015 ruling and the legal steps that followed it more recently serve as clear reminders of the multi-faceted aspects of discrimination litigation and the importance of having knowledgeable and diligent Georgia discrimination attorneys on your side. Continue reading →
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When an Employee Can (and Cannot) Win a Georgia Discrimination Case Based Upon Not Receiving a Job for Which She Didn’t Apply
As employers, most businesses are concerned about treating employees in a manner that could give rise to a discrimination lawsuit. This includes how the employer handles the filling of open positions. However, what happens when an employee raises a claim of discrimination based upon not receiving a job that you, as an employer, did not even know that she was interested in? A recent 11th Circuit Court of Appeals ruling in a case that began here in Georgia explored that question, which is just one of many scenarios in which experienced Georgia racial discrimination attorneys can help you in a discrimination case. Continue reading →
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Eleventh Circuit Upholds Ruling in Favor of Georgia Employer in FMLA Retaliation Case
When an employee launches a legal action against his employer that asserts that the employer engaged in illegal discriminatory or retaliatory conduct in the termination of the employee, each side will have important evidentiary showings they’ll need to make. The employer needs to prove that it had a legitimate reason for taking action. The employee must show that the employer’s stated reason was a ruse to hide an illegal motive. Whether you’re an employer or an employee in a discrimination or retaliation case, it helps to have knowledgeable Georgia discrimination attorneys working on your side. Continue reading →
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Nurse Loses Pregnancy Discrimination Case Because She Didn’t Prove that Her Employer’s ‘Poor Performance’ Reasons Were Mere Pretext
Whether you are an employer or an employee, if you are involved in a Georgia pregnancy discrimination action, it pays to know what the law requires of you to succeed. As an employer, you’ll likely need to be able to give the court a valid, legitimate, and non-discriminatory reason for the action you took. As an employee, you’ll need to establish that the reason the employer cited was actually a pretext for discrimination. In one ruling recently upheld by the 11th Circuit Court of Appeals, the employer won because the employee couldn’t prove that the employer’s assertions of substandard performance were merely pretextual. Continue reading →
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Meeting the Requirements of the FLSA While Employing Commission-Only Employees in Tennessee
Employers may sometimes be faced with the need to get creative when their preferred methods for compensating workers don’t necessarily mesh neatly with statutory requirements. For example, balancing an interest in compensating sales workers solely on commission may sometimes present challenges when it comes to remaining compliant with the Fair Labor Standards Act and minimum wage requirements. A case recently decided by the Sixth Circuit Court of Appeals is very informative for Tennessee employers and employees in clarifying which policies will, and which won’t, trigger a FLSA violation problem. If you have questions about this area of the law, our Tennessee FLSA lawyers are ready to advise you. Continue reading →
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Same-Sex Sexual Harassment and Title VII Litigation in Tennessee
While the most common version of workplace sexual harassment that most people visualize may be a male harassing a subordinate female, that is not the only form of sexual harassment that Title VII recognizes as actionable. Sexual harassment can be male-on-female, female-on-male, or same-sex. Additionally, the employees’ sexual orientation is not necessarily the key issue, either. In other words, a male can sexually harass another male worker, even if one or both men are heterosexual. All that the law requires in this regard is that the harassment is “based on sex.” An experienced Tennessee sexual harassment attorney can help you determine how to present your case. Continue reading →