Two Georgia women, who lost their jobs and subsequently launched Title VII sex discrimination cases against their former employers, ultimately took their cases all the way to the federal 11th Circuit Court of Appeals to defend their positions. These two cases, one of which was decided in mid-January and one…
Atlanta Employment Attorneys Blog
Lack of Proof that Employer Knew About Employee’s Disability Dooms ADA Case
An Ohio man, who had a disability that affected his ability to stoop, bend, and twist, could not pursue an Americans With Disabilities Act case against the employer that terminated him. The law required the employee to show that the party that decided to terminate him knew about the disability. In this…
Georgia Exotic Dancer Launches New FLSA Lawsuit Against Athens Club
A woman who previously worked as an exotic dancer at an Athens club recently launched a class action lawsuit accusing her former employer of violating the Fair Labor Standards Act. According to the former employee, the club improperly withheld wages, overtime pay, and tips by improperly classifying her as an…
11th Circuit Rules that Replacing an Employee in His 40s with Another in His 40s Can Still Possibly Be Age Discrimination
A Florida man should not have had his age discrimination case thrown out, even though both he and his replacement were both in their 40s. The 11th Circuit Court of Appeals decided to reverse a summary judgment in favor of the man’s employer, stating that an age discrimination case requires…
Georgia Job Applicant Allowed to Pursue Disparate-Impact Age Discrimination Claim
A North Georgia man’s claim that R.J. Reynolds’ hiring practices for sales manager jobs violated the Age Discrimination in Employment Act got new life as a result of a recent decision by the 11th Circuit Court of Appeals. The court decided that both employees and job applicants alike can pursue…
Sixth Circuit Says City Allowed to Suspend Police Officer After Brain Surgery
An employer’s obligation to comply with the Americans With Disabilities Act and refrain from discriminating against employees with disabilities places certain limitations on what an employer can and cannot do. One obligation an employer does not have under the law is to accommodate an employee if that accommodation would mean…
Georgia Employees’ Discrimination, Whistleblower Claims Falter Due to Late Filing
A pair of minority employees at a jail in Georgia lost the chance to go to trial on their claims that their employer committed racial discrimination and then retaliated against them when they filed formal complaints about the misconduct, due to their timing for suing their employer. The US District…
Georgia Supreme Court Says Home Care Workers Covered by State’s Minimum Wage Law
In a unanimous decision, the Georgia Supreme Court ruled in November that home care workers who are employed by third-party service providers and perform their jobs in the homes of the employers’ clients are not exempt from the Georgia minimum wage law. The employees, who may have opened the door…
11th Circuit: Attacking Employer’s Business Judgment Not Enough to Show Pretext in Discrimination Case
An employee at an auto parts manufacturer was unsuccessful in his pursuit of his claim of race and national origin discrimination. The 11th Circuit Court of Appeals ruled in favor of the employer because the employee’s attacks on the employer’s nondiscriminatory reasons for its actions did not demonstrate that the…
Alert to Tennessee Employers: Errors in Your Employee Manuals Can Cost You When it Comes to FMLA Litigation
A county road commission worker was able to deflect his employer’s attempt to defeat his Family and Medical Leave Act case by arguing that the employee was ineligible. Although the employee was, in fact, ineligible, the employer’s poorly worded employee manual appeared to promise FMLA coverage to the employee. That…