An African-American customer service worker who was held back from promotion while other white coworkers with similar performance reviews were promoted had a potential claim for race discrimination and retaliation, according to a recent Sixth Circuit Court of Appeals ruling. The employee did not have a valid claim for constructive…
Atlanta Employment Attorneys Blog
Federal Government Creates New Overtime Rules to Take Effect Later This Year
Georgia employers and employees will soon be operating by a new set of rules when it comes to overtime pay for certain salaried employees. On May 18, the White House and the US Department of Labor announced new rules that will greatly expand the range of salaried employees who qualify…
U.S. Supreme Court Decision Offers Extended Filing Time, Enhanced Opportunity to Georgia Employees Facing Discrimination
A significant new ruling issued earlier this month by the U.S. Supreme Court offers very good news for employees who have been the victims of discrimination that was so bad that it ultimately forced them to quit their jobs in order to escape the mistreatment. According to the Court’s 7-1…
Job’s Required Use of Discretion Derails Loan Underwriters’ Overtime Lawsuit in Sixth Circuit
In a recent case (and a noteworthy one to Tennessee employers and employees) that continues the exploration of which employees are, or are not, qualified under the Fair Labor Standards Act to receive overtime pay, the Sixth Circuit Court of Appeals ruled that a bank’s failure to pay its residential…
Investigating Employee Misconduct and Discrimination Law in Georgia
For Georgia employers engaging in the process of investigating an employee for possible misconduct, a recent 11th Circuit Court of Appeals decision offers useful knowledge about what is (and is not) required in order to avoid running afoul of Title VII and finding oneself liable for illegal discrimination. In that…
What Happens When a Patient Makes a Race-Specific Caregiver Request? Sixth Circuit Ruling Offers Insight for Tennessee Employers
Certain professional service providers, such as those in the medical profession, may sometimes find themselves in an awkward situation when a patient or patient’s family makes a request regarding the employees who will provide the patient’s care that is discriminatory in nature. Tennessee employers should take note of a recent…
Georgia Man’s Appeal in Disparate-Impact Age Discrimination Case to Go Before 11th Circuit… Again
Employees who believe that they’ve been victims of age discrimination received a huge benefit from a late 2015 decision by the 11th Circuit Court of Appeals, involving a North Georgia worker who sued his prospective employer for violating the Age Discrimination in Employment Act. The judges who heard the man’s…
Employer’s Demand of Psych Exam for Nurse Did Not Trigger ADA Violation, Sixth Circuit Rules
Dealing with an employee who may have psychological issues, such as possible suicidal thoughts, can be a tricky issue for an employer. The employer has an obligation to protect the well-being of its other employees, but it also needs to ensure that it does not discriminate against the employee who may…
Employee’s Conduct Caused Breakdown in Interactive Process, Defeat in 11th Circuit ADA Case
A new ruling by the 11th Circuit Court of Appeals offers some encouragement for employers and useful knowledge for employees. The recent decision made it clear that, in disability discrimination cases, the obligation to engage in an interactive process requires each side to interact meaningfully with the other. In this…
Dual Theories of Employee’s Misconduct Doesn’t Prove Employer Discriminated, 11th Circuit Rules
A recent 11th Circuit Court of Appeals case is helpful in instructing how far an employer must go in stating why it chose to terminate an employee on Family and Medical Leave Act leave. Even though the employer in the recent case only narrowed its reasons down to two mutually…