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Articles Posted in Employment Discrimination

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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…

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Eleventh Circuit Decided that a Municipal Employer Was Not Required to Accommodate Worker who Sought Permission to Telecommute

As an employer, sometimes a key to defending successfully against a disability discrimination claim is having thorough proof that you engaged a disabled employee clearly and consistently throughout the entire process regarding accommodations as well as essential job functions. Experienced Georgia disability discrimination attorneys can help you determine what your…

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A Supervisor’s ‘Boorish, Callous, Condescending, or Overbearing’ Behavior Doesn’t Necessarily Make a Work Environment Hostile, Says Sixth Circuit

The boundary lines separating what is not actionable versus what is impermissible employment discrimination have continued to shift and evolve. Regarding a strongly pro-employee ruling a California court entered in 2016 interpreting that state’s employment discrimination statute, one author wrote that the new opinion was a warning to employers:  don’t…

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Eleventh Circuit Upholds Six-Figure Discrimination Verdict for Breastfeeding Mom ‘Constructively Discharged’ from Her Job

In an important new ruling on the issue of discrimination against breastfeeding employees, the 11th Circuit Court of Appeals upheld a jury’s decision that a police department’s refusal to provide a breastfeeding officer with a satisfactory ballistic vest amounted to a violation of the Pregnancy Discrimination Act, and in the…

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A Georgia Woman Fired After Experiencing Period Leaks at Work Takes Her Sex Discrimination Case to the 11th Circuit

A potentially significant case that began here in Georgia is working its way through the federal court system. The case involved an employee who was fired after she twice experienced certain pre-menopause menstruation-related incidents while at work. A ruling from the 11th Circuit Court of Appeals could clarify whether these…

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Self-Represented Med School Professor’s Multiple Procedural, Evidentiary Problems Cost Her in Discrimination Case

Abraham Lincoln reputedly said that “he who represents himself has a fool for a client.” The central thrust of this statement is that cases in which a party represents herself almost always end poorly for that person. This is especially true for non-lawyers who represent themselves. The law, especially employment…

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Eleventh Circuit Allows Deputy Who Was Passed Over for Promotion Despite Higher Exam Score to Maintain Race Discrimination Action

For employers, one of the challenges with which they must deal is creating and following a process for making new hire and promotion decisions. The need to appear impartial and fair may lead an employer to create a metric that is standardized and objective. The key, though, is that, once…

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Manager’s Part-Time Schedule Accommodation Meant He Wasn’t Qualified to Do His Job, Sixth Circuit Rules

As an employer, there are many human resources-related tasks with which you must concern yourself. Some of these might seem like less significant items, but even these “small” details can have great importance in certain situations. One example is maintaining updated, detailed, and complete job descriptions. While this might seem…

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Lack of ‘Similarly Situated’ Males Dooms Tennessee Professor’s Sex Discrimination Case

In a Title VII discrimination case, there are several hurdles in front of a plaintiff. The law requires that the employee show that she suffered discrimination and that the legitimate, non-discriminatory reasons offered by the employer were really just pretexts for discrimination. In the case of one middle Tennessee professor,…

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Untangling Employer-Mandated Grooming Policies: What Title VII Does and Does Not Allow

Late last summer, the 11th Circuit Court of Appeals issued a ruling in favor of an employer after an employment candidate accused the company of race discrimination by virtue of its enforcement of its employee grooming policies. This so-called “dreadlock decision” has led to many discussions and commentaries since its…

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