Articles Posted in Employment Discrimination

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Medical SchoolAbraham Lincoln reputedly said that “he who represents himself has a fool for a client.” The central thrust of this statement is that cases in which a party represents herself almost always end poorly for that person. This is especially true for non-lawyers who represent themselves. The law, especially employment law, is full of specifics, details, and requirements that even an intelligent and knowledgeable non-lawyer couldn’t reasonably be expected to know. That’s why it is almost always the right move to retain experienced Georgia employment counsel to represent you in your discrimination case.

A cautionary example of this point was the case of Wen, a professor at the medical school of a major private university in Florida. Wen’s time at the med school did not go as she had planned. She started with a tenure-track position in 2007 but, by 2011, having been deemed by the faculty to be making insufficient progress toward tenure, switched to a research track. That didn’t help, so the faculty voted in October 2011 not to renew Wen, and her employment terminated in October 2012.

The professor sued the school, arguing that it was liable for racial discrimination and retaliation. Ultimately, she lost on all of her claims. In many ways, her case was beset by procedural problems, which offer a lesson about the problems that can befall a plaintiff who attempts to represent herself. (The docket in Wen’s case showed she initially had an attorney in the District Court, but, by the time that court ruled in 2015, she was self-represented.)

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Police SergeantFor employers, one of the challenges with which they must deal is creating and following a process for making new hire and promotion decisions. The need to appear impartial and fair may lead an employer to create a metric that is standardized and objective. The key, though, is that, once an employer creates such a system, it becomes important to follow that system or, if deviating from those results, to document a clear reason why. If your employer doesn’t do this, these facts may actually work to strengthen your Georgia employment discrimination case, according to a recent 11th Circuit Court of Appeals ruling.

In the case recently decided by the 11th Circuit, a white sheriff’s deputy was pursuing a promotion to sergeant within the Broward County, Florida Sheriff’s Office. In 2012, the deputy took the sergeant’s exam, a tool for assessing promotion candidates that included “a multiple-choice test, a structural interview, and an oral presentation.”

Although the department made 30 promotions, and the deputy finished 20th on the exam, he did not receive a promotion. He had the second-highest exam score among those not promoted. By contrast, the 47th- and 50th-highest scoring candidates did receive promotions to sergeant. Both of those candidates were African-American.

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work time clockAs an employer, there are many human resources-related tasks with which you must concern yourself. Some of these might seem like less significant items, but even these “small” details can have great importance in certain situations. One example is maintaining updated, detailed, and complete job descriptions. While this might seem like a relatively minor thing, it was the key to success for one Ohio employer in a disability discrimination case one of its employees launched recently.

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female doctorIn a Title VII discrimination case, there are several hurdles in front of a plaintiff. The law requires that the employee show that she suffered discrimination and that the legitimate, non-discriminatory reasons offered by the employer were really just pretexts for discrimination. In the case of one middle Tennessee professor, her employer was able to persuade the court that the professor’s case came up short in multiple areas required by the law.

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hairLate last summer, the 11th Circuit Court of Appeals issued a ruling in favor of an employer after an employment candidate accused the company of race discrimination by virtue of its enforcement of its employee grooming policies. This so-called “dreadlock decision” has led to many discussions and commentaries since its release, both about what “race” means as well as the degree of control employers should have over their employees’ appearance. For employers and employees in Georgia, it is useful to take note of exactly how far the law allows an employer to go in mandating an employee’s choice of hairstyle.

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7th CircuitOne of the interesting byproducts of living in the 21st-century information age is the speed at which information transmits. In this age of smartphones, the world-wide web, and social media, news really does travel fast. Whether you are an LGBT person in the workforce or you’re an employer, chances are you either have read or will soon be reading about the April 4 Title VII decision issued by the Seventh Circuit Court of Appeals sitting en banc. You’ll likely see headlines trumpeting that the decision has “decided” the issue of Title VII and whether or not it bars sexual orientation discrimination. While that’s true in Indiana, Illinois, and Wisconsin, if you’re working or doing business in Georgia, the reality is a bit different.

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egg farmSometimes 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 issues that might trip up your action. Three workers at a Georgia farm each cleared important hurdles in their Title VII race discrimination lawsuits against their employer when a federal judge recently denied the employer’s request (in each case) to grant it summary judgment on the employees’ Title VII claims.

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atl_tuttle_bldgIn 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 for a number of reasons. First, the decision announced the panel’s refusal to expand the parameters of Title VII to include an explicit prohibition against employment discrimination against gays and lesbians. Second, the panel re-affirmed the avenue available to some employees in this security guard’s position: pursuing a claim of discrimination based upon failure to conform to gender stereotypes.

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Call Center CSRWhen 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, is having a well-established record of fairness and clear communication with your employee. In a recent case originating in Memphis, an employer’s ability to document that it did everything required to comply with the law allowed it to defeat an employee’s claim that it was liable for disability discrimination. According to the 6th Circuit Court of Appeals, the employer’s issuance of repeated warnings was an essential aspect of the case, and stood in clear contrast to other cases where the employee was successful.

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LGBT Rainbow FlagOne 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 employers discriminated against them for failing to conform to traditional sex stereotypes. In one recent federal court case from West Tennessee, a police officer lost because his sex stereotyping claim did not offer proof that his employer discriminated against him due to some “observable characteristic” that was insufficiently masculine.

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