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Atlanta Employment Attorneys Blog

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African-American Workers Pursue Case Alleging Rampant Racism at Georgia Farm

Sometimes the alleged acts of discrimination that go on within a workplace may be extensive and extreme. Even when that level of alleged racism is going on at work, it is still important to follow all of the necessary steps to pursue your case carefully and thoroughly to avoid procedural…

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11th Circuit Panel: Sexual Orientation Discrimination Isn’t Impermissible Sex Discrimination Under Title VII

In the latest ruling of what has become a nationally watched case, an 11th Circuit Court of Appeals panel has upheld a trial court’s decision to throw out a Georgia security guard’s Title VII claim based upon her sexual orientation. The ruling is worth noting by Georgia employers and employees…

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Tennessee Call Center Worker’s Poor Attendance Dooms Her ADA Case

When it comes to litigating issues in employment law, whether the issue is Family and Medical Leave Act interference, Fair Labor Standards Act retaliation, disability discrimination in violation of Americans with Disabilities Act, or some other violation of employment laws, one of the keys to success, especially as an employer,…

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Employer’s Extra Demands of Worker Seeking FMLA Leave Allow Interference Case to Proceed

Employers often concern themselves with making sure that employees are not misusing resources or benefits available to them. While an employer has certain latitude in terms of, say, using tracking software to monitor employees’ use of company-provided internet, things can be different when it comes to statutorily guaranteed rights like…

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Memphis P.D. Wins Dismissal in Discrimination Case Brought by Gay Police Officer

One of the more hotly contested areas of employment discrimination currently is discrimination against LGBT employees. In states like Tennessee, federal court precedent has ruled that sexual orientation discrimination is not a valid type of Title VII violation, but some LGBT employees have won their cases by arguing that their…

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11th Circuit Rules that Employee Lacked Evidence of ‘Severe’ and ‘Pervasive’ Harassment in Hostile Work Environment Case

The hostile work environment case of one Georgia health care company employee offered a potentially novel and unique question, namely, can an employee pursue a hostile work environment case when she was not the victim of the alleged harassment and was not even present when the alleged harassment took place?…

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Emotional Distress Damages and FLSA Cases in Tennessee

A recent case from the Fifth Circuit Court of Appeals ruled that employees who suffer harm as a result of their employers’ Fair Labor Standards Act violations or acts of retaliation can pursue awards of damages for the emotional distress they suffered. While this standard of allowing emotional distress damages…

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Groundskeeper’s Inability to Perform All ‘Essential’ Job Duties Dooms ADA Case, 11th Circuit Rules

If you’ve worked in most employment environments for very long, chances are you’ve seen it. “It” is the official job description of your job or the job you’re seeking. This description often contains a long list of “essential” duties, but some of those essential duties are, in the day-to-day completion…

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ADA’s Reasonable Accommodation Requirement Doesn’t Demand Non-Competitive Job Reassignment, 11th Circuit Says

Most employers know that the law obliges them to accommodate their employees with disabilities, as long as the accommodation sought is reasonable. The question with which employers and employees often wrestle is “What is the limit of reasonable?” For example, if an employer has an employee with a disability who…

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Eleventh Circuit Upholds Decision for Employer That Denied Additional Leave to Employee With Disability

In many types of litigation, timing can be crucial. This is true regarding how you go about carrying out your case procedurally, and it is often true when it comes to the facts of your case, especially if an employee is advancing a disability discrimination case based upon a denial…

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