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,…
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,…
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…
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…
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…
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…
For employers, complicated issues can arise from deciding to terminate an employee who is out on leave. Depending on the circumstances, executing this termination may leave the employer open to a Family and Medical Leave Act lawsuit. In the case of one city worker in Michigan, the employer went ahead…
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…
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…
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…