In an Atlanta employment discrimination suit involving government officials as defendants, it is not unusual for defendants named in their individual capacity to seek dismissal of the claims against them based on qualified immunity. Although the doctrine of qualified immunity is complex, a court that grants dismissal of a claim…
Employees who believe that they have been discriminated against due to age by a current, former, or potential employer may assume that they will eventually have their day in court if they file an Atlanta age discrimination claim. While the United States Constitution does guarantee the right to a jury…
Last week, we told you about a Georgia retaliatory discharge claim. A woman was allegedly fired in response to her husband (who worked for the same employer) speaking out against workplace discrimination of a job applicant. As that case explained, the husband, too, had filed a claim against the employer,…
Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., it is unlawful for an employer to discriminate against a worker because he or she has opposed an unlawful employment practice. (An employer is also prohibited from discrimination in retaliation for a worker’s formal…
When someone files an Atlanta employment discrimination lawsuit based on an alleged act of race, color, gender, or religion in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, he or she must be able to establish that the defendant employer discriminated…
The Americans with Disabilities Act was enacted with the purpose of ending discrimination against individuals with disabilities by making it unlawful for employers to discriminate against a qualified individual on the basis of disability. In order to assert a claim under the Act, a plaintiff must be able to prove…
Filing an Atlanta employment law claim can be a complicated endeavor. Unlike many other types of cases, there may be pre-filing requirements that, if not complied with, can result in a claim be dismissed later on. If you believe that your employer has violated state or federal law, it is…
In an Atlanta race discrimination lawsuit, the initial burden of proving wrongful conduct – such as a termination allegedly based on race or color – rests on the plaintiff. If the plaintiff makes an acceptable showing of discrimination, the defendant is then given an opportunity to argue that the plaintiff’s…
No one should have to put up with discriminatory treatment in the workplace. After all, it’s 2019, and laws have been on the books for decades that protect workers from racial, gender, and age discrimination. Still, unlawful discrimination happens every day, sometimes culminating in an Atlanta employment discrimination lawsuit. Of…
Everyone wants to be paid fairly, from the most modestly paid fast food worker to the most highly compensated executive. Even judges want to be paid every penny that they are due. In addition to state and federal laws regarding wage and hour issues, there may be other remedies available…