Succeeding in advancing a Family and Medical Leave Act retaliation or interference claim (or defending against such an allegation) requires many things. It demands knowing all of the elements you must prove for success, and what the law says you need to satisfy those elements. A knowledgeable and experienced Atlanta…
“Reverse discrimination” is an informal phrase that refers to instances of discrimination where the target of discrimination was not a member of a historical minority group (like, for example, women, African Americans, and gays/lesbians) but rather a traditional majority group (like men, white people, and heterosexuals). Recently, the U.S. Supreme…
President Donald Trump signed a sweeping array of executive orders on the first day of his second term in office. One that has received much of the spotlight was Executive Order (EO) Number 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The…
In employment discrimination cases, most employers will present some sort of facially valid basis for their actions. The crux of many cases, as a result, can come down to the worker’s ability to show that the employer’s stated reason was just a pretext for discrimination. Employees who fail to do…
A worker experiencing health difficulties presents challenges for the employee… and her employer. Employers should proceed carefully, ensuring that any potentially adverse actions they take do not run afoul of federal law. A misstep in this regard could harm not just the worker but also the employer’s business if it…
Whether you are a worker who needs to take time off from work or an employer, it is well worth your while to become familiar with the Family and Medical Leave Act (FMLA) and its rights and obligations. The FMLA offers essential rights to certain employees, but those rights are…
When people hear the word “discrimination,” they may often associate it with historically marginalized groups, like people of color, women, LGBT+ people, and so forth. The law, however, is broader than that. Federal anti-discrimination statutes protect people who encounter discrimination based on protected characteristics, regardless of whether or not they…
Sometimes, a degree of employer flexibility may be an important ingredient in that employer avoiding employment litigation and potential civil liability. However, as a recent disability discrimination case originating in Savannah highlights, the mere fact that an employer behaved in a way that seems excessively strict, harsh, or severe, doesn’t…
Whether you’re an employee who’s endured discrimination or an employer facing a discrimination claim, it is important to understand how the employment discrimination litigation process works. An employee’s success is predicated upon clearing a series of evidentiary hurdles. For employers, success may lie in persuading the court that any one…
Last year, a few major U.S. Supreme Court rulings turned 50 years old. The first case to come to many minds probably is the landmark 1973 ruling of Roe v. Wade. However, the name at the tips of employment lawyers’ tongues probably is the discrimination case of McDonnell Douglas Corp.…