Employment Discrimination

Georgia Man Fails to Convince Federal Court of Appeals that He Was the Victim of Unlawful Race Discrimination

February 25, 2021 | Parks, Chesin & Walbert

Those who believe that they may have a valid Atlanta race discrimination lawsuit against a current, former, or potential employer have a limited time to take legal action. Failure to file the appropriate paperwork within the time allowed by law can result in a complete forfeiture of one’s legal rights.

Once the claim is filed, there are other requirements imposed upon the employee, including the burden of producing legally admissible evidence tending to show that he or she was the victim of unlawful discrimination due to his or her race or color. In turn, the employer is apt to present a different view of the case, one in which it had a legitimate, non-discriminatory reason for its adverse employment decision towards the plaintiff.

At that point, it is likely that the employer will seek summary judgment, that is, a pre-trial order establishing that it is entitled to judgment as a matter of law. If the motion is granted, the employee may then seek the review of the court of appeals. If the court of appeals holds differently than the trial court, the matter may be sent back to the trial court for further proceedings.

Georgia Woman’s Employment Discrimination Claim Against College is Dismissed on Summary Judgment

February 14, 2021 | Parks, Chesin & Walbert

It is wrongful for an employer to discriminate against an employee because of his or her race, color, national origin, age, religion, sex, or disability. When an employer violates state or federal laws that forbid such conduct, the affected worker may be able to assert an Atlanta employment discrimination lawsuit.

If an employee (or former employee) is successful in his or her case, multiple forms of relief may be available, depending on the specific situation that gave rise to the claim. This might include injunctive relief (such as an order reinstating the worker to a particular position), front pay, back pay, compensatory damages, punitive damages, and/or attorney fees.

Of course, not every claim of employment discrimination is ultimately successful. The employee must be able to show that his or her race, age, sex, etc., was a motivating factor in the employer’s adverse decision (such as firing the employee or refusing him or her a promotion) and that any supposed non-discriminatory reason for the decision was not merely pretextual; unfortunately, this is not always possible. Continue reading ›

Georgia Woman’s Employment Law Claims Dismissed by Federal Court

February 14, 2020 | Parks, Chesin & Walbert

There are several types of claims that may be possible in at Atlanta employment discrimination lawsuit. First, the plaintiff may allege that he or she was not hired, was fired, or was not promoted because of his or her race, color, gender, age, or disability. The plaintiff may further allege that he or she made a report of such discrimination and that, as a result, was the victim of some type of unlawful retaliation in the workplace.

It is important to note that the plaintiff has the burden of proof in most types of civil cases, including those involving employment law issues. Thus, it is important for the plaintiff to hire an experienced attorney who can help him or her review the facts, gather evidence, and prepare the case for trial.

Facts of the Case

In a recent case, the plaintiff was an African American woman who worked for the defendant employer from June 2013 to December 2015. During the first few months of her employment, the plaintiff and one co-worker were the only employees in the defendant’s headquarters. The plaintiff, who worked in community relations, reported directly to the other employee. After a while, additional employees were brought into the headquarters, and the plaintiff was given an option to whether to stay in the same department or transfer to a different department. The plaintiff chose to remain in the same role, but, according to the defendant, certain “performance issues” arose, and the plaintiff was terminated from her employment.

Georgia Woman’s Age and Race Discrimination Lawsuit is Dismissed on Summary Judgment, Affirmed on Appeal

February 6, 2020 | Parks, Chesin & Walbert

In most Atlanta employment discrimination lawsuits, the employee and the employer disagree sharply as to why the employer made an adverse employment decision, such as terminating, not hiring, or not promoting the employee. The employee believes the decision was based on an unlawful discriminatory reason, such as his or her age or race, while the employer may offer legally legitimate reasons for its actions, arguing that another candidate was more qualified, or the employee had a history of misconduct in the workplace. The courts are charged with deciding, based on the evidence offered by the respective parties, which version of events is more credible.

Facts of the Case

The plaintiff in a recent case was a white female who filed suit against the defendants, a county and the county’s school district, alleging that the school district had wrongfully refused to hire her as an assistant principal on account of her race and her age. The plaintiff had served as the dean of students at a charter school in the defendant county from 2013 until late 2014, when the school district abolished the plaintiff’s dean position and, in its place, created an assistant principal job. The plaintiff applied for the job of assistant principal, but she was not hired. Instead, a younger, African American woman was hired as assistant principal, and the plaintiff was transferred to a middle school art teacher job.

The school district filed a motion for summary judgment. The United States District Court for the Middle District of Georgia granted the defendant’s motion and entered summary judgment in its favor as to the plaintiff’s claims under Title VII of the Civil Rights Act of 1964, as well as her age discrimination claims. The plaintiff sought appellate review of the district court’s decision.

Employment Discrimination Lawsuits in Georgia Must Be Properly Worded or Risk Dismissal

January 29, 2020 | Parks, Chesin & Walbert

The process of filing an Atlanta employment discrimination claim can be a complex endeavor. For those who are not familiar with the legal system, there are likely to be many questions. “Where do I file my claim? How long do I have to take legal action? What, specifically, do I need to say in my pleadings?” When a claim is not properly filed or does not contain the necessary allegations, the court is likely to dismiss the plaintiff’s case. When a case is dismissed, this usually means that the plaintiff’s case is “dead.” Unless an appellate court overturns the ruling, the plaintiff will not receive any compensation from the defendant, nor will the employer be ordered to reinstate the plaintiff to his or her position.

Facts of the Case

The plaintiff in a recent employment discrimination lawsuit was an adjunct professor at the defendant college. He filed suit against the college and its board of trustees, alleging that the defendants had engaged in racially discriminatory hired practices by preferentially hiring Hispanic applicants for its physician assistant program in violation of Title VII of the Civil Rights Act of 1964.

The college filed a motion to dismiss the plaintiff’s complaint on the ground that he had failed to state a claim. The plaintiff then filed several amended complaints, each of which essentially reiterated his allegations in the original complaint. Ultimately, the federal district dismissed the plaintiff’s case, and he appealed.

Federal Employment Discrimination Claim Falls Due to Lack of Proof of Different Treatment to Similarly Situated Employee

January 22, 2020 | Parks, Chesin & Walbert

To prove an Atlanta employment discrimination claim, the plaintiff must do more than simply allege that he or she was treated unfairly due to his or her age, race, gender, or other protected status. Rather, there must be competent evidence to show that the plaintiff suffered adverse treatment but a similarly situated employee who was not part of the protected class that included the plaintiff was treated differently. Without this important evidence, the plaintiff’s case will most likely be dismissed before trial.

Facts of the Case

The plaintiff in a recent federal court case was an African-American man who was terminated from his job as a patient care technician at the defendant hospital after a brief physical altercation with a psychiatric patient. According to the defendant, the reason for the termination was that the plaintiff had violated the defendant’s policy against inappropriate behavior toward, or discourteous treatment of, a patient. In the defendant’s view, the plaintiff “went beyond what [was] appropriate during the altercation and was rightfully terminated. The plaintiff maintained, however, that he had been the victim of unlawful employment discrimination on account of his race.

The federal district court granted summary judgment to the defendant, agreeing that the plaintiff had failed to establish a prima facie case of race discrimination in violation of Title VII, 42 U.S.C. § 2000e-2(a) insomuch as he failed to demonstrate a situation in which the defendant had treated a similarly situated employee outside of the plaintiff’s protected class in a more favorable manner. The district court agreed with the defendant and granted its motion for summary judgment. The plaintiff appealed.

Federal Court Agrees that Litigation, Not Arbitration, is Proper Under Circumstances of Atlanta Man’s Employment Discrimination Lawsuit

January 16, 2020 | Parks, Chesin & Walbert

There has been a trend in recent years for certain defendants, including some employers accused of discrimination and retaliatory action in the workplace, to seek arbitration, rather than litigation of Atlanta employment discrimination cases. While there are some situations in which arbitration might be an acceptable alternative to litigation, most plaintiffs prefer to have their day in court. Sometimes, it is necessary to fight for this right, especially when paperwork has allegedly been signed agreeing to arbitration as a condition of employment. In disputed cases, it is up to the court to decide which remedy is appropriate.

Facts of the Case

In a recent unpublished decision from the United States Court of Appeals for the Eleventh Circuit, the plaintiff was a man who had worked two short terms as a seasonal employee of the defendant store (both terms of employment occurred during October through January, one in 2015-2016, and the other in 2016-2017). According to the plaintiff’s complaint, he sought permanent employment with the defendant, but this request was denied, as were his other attempts to become a regular, full-time employee of the defendant.

The plaintiff filed suit in the United States District Court for the Northern District of Georgia, asserting that the defendant had refused to engage him in regular employment due to his race, gender, age, and national origin, as well as in retaliation for allegations of discrimination that he made during his seasonal employment. The defendant filed a motion to compel arbitration based on arbitration clauses that the plaintiff allegedly accepted during the outset of his periods of seasonal employment. The district court granted the motion, and the plaintiff appealed.

Former Georgia Sheriff’s Department Employee’s Motion for Reconsideration Denied in Employment Discrimination Lawsuit

January 11, 2020 | Parks, Chesin & Walbert

Employment discrimination lawsuits can be procedurally complicated. For example, in an Atlanta race discrimination case arising from an allegedly illegal termination, there may be multiple claims, amended complaints, and various motions to dismiss filed by the defendant(s). The trial court must sort out each of the issues in the case, as they develop. Sometimes, some of the plaintiff’s claims – and maybe even some of the defendants – may be dismissed from the litigation prior to trial.

Depending upon the procedural posture of a particular case, some of the court’s decisions may not be ripe for appeal until after the case is tried. Whether a ruling is subject to reconsideration by the trial court is sometimes another highly disputed topic.

Facts of the Case

The plaintiff in a recent federal district case was a former sheriff’s department employee who was terminated from his employment in late 2014. He filed suit against the sheriff’s office, two cities, two counties, a former sheriff, and another individual, asserting claims for race discrimination under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1983. The sheriff and the other individual defendant filed a motion for summary judgment.

Pro Se Plaintiff Has Her Employment Discrimination Lawsuit Dismissed on Procedural Grounds

December 27, 2019 | Parks, Chesin & Walbert

Atlanta employment discrimination claims are subject to many rules, each and every one of which must be followed regardless of whether the employee is represented by experienced legal counsel trained in these matters or whether the employee is acting pro se, meaning representing herself or himself. Although a court may grant a bit of latitude to a pro se litigant by, for example, granting a brief extension of time in which to file documents regarding the issues and legal arguments in a particular case, the general expectations are the same for those represented by counsel and those representing themselves. Consequently, most pro se plaintiffs are destined to fail, sooner or later.

Facts of the Case

In a recent unpublished federal case, the pro se plaintiff filed suit against the defendant employer in November 2017, attempting to assert claims of sexual harassment, a hostile work environment, and retaliation in violation of Title VII of the Civil Rights Act of 1964; age discrimination in violation of the Age Discrimination in Employment Act; and wage and hour practices in violation of the Fair Labor Standards Act. The plaintiff originally filed her lawsuit in state court, but the matter was removed to federal district court by the defendant.

The defendant’s answer to the plaintiff’s complaint denied liability for her allegations and asserted some 30 affirmative defenses. Although the federal district court had a general preference of setting a trial date within a year of the filing of a complaint, the court opted to grant the pro se plaintiff additional time in which to prepare for trial and set the trial for June 2019. The trial court judge explained to the plaintiff the importance of complying with certain deadlines contained in the court’s scheduling order (such as the times for making initial disclosures, disclosing expert witnesses’ names and reports, and completing discovery). The plaintiff indicated that she understood the deadlines and that she would comply with them.

Federal Court Denies Relief to Workers Who Complained of Equal Protection Violations Concerning Minimum-Wage Laws in Neighboring State

December 16, 2019 | Parks, Chesin & Walbert

An Atlanta wage and hour lawsuit can help a worker seek redress against an employer who refuses to pay him or her in accordance with the law, including statutes and regulations aimed at making sure workers are paid a certain minimum wage. The issue of what, exactly, constitutes a fair and living wage has been the subject of much debate in recent years. As a result, some local governments have attempted to take matters into their own hands by establishing their own – higher – minimum-wage laws. A recent case arising in a sister state provides instruction on how this well-intentioned process can sometimes fail to have the result sought by local lawmakers.

Facts of the Case

In a recent federal appellate court case, the plaintiffs were two African American employees who complained that their employer had refused to pay them the appropriate minimum wage, as established by a city ordinance (setting the rate at $10.10, rather than the amount set by federal law). The employer’s actions were based on a statute (passed after the city had increased the minimum wage in its borders) “prohibiting and voiding” any local law that purported to increase the minimum wage above that which was established under federal law. They sued the defendant attorney general, averring that their rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution had been violated. The trial court dismissed their claims, and they appealed.

The Court’s Ruling

The United States Court of Appeals for the Eleventh Circuit affirmed in part and remanded the case to the panel. The appellate court first held that the plaintiffs lacked standing under Article III of the United States Constitution to bring their equal protection claims against the defendant attorney general because they could not show that their injuries were “fairly traceable” to his conduct or that their injuries could be redressed by a decision against him. Because the plaintiffs lacked standing to bring suit against the attorney general under the circumstances, the court found it unnecessary to reach the other issues in the case (including whether the attorney general was a proper defendant and/or whether the plaintiffs had stated a plausible equal-protection claim on the merits).