Articles Posted in Employment Discrimination

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As seasoned Atlanta employment discrimination attorneys, we struggle to understand why anyone would choose to represent himself or herself in a lawsuit against a current or former employer. Perhaps, those who make such a dangerous and dubious decision do so because they simply do not know what they do not know.

Attorneys have many years of formal education and training regarding the thousands of statutes, ordinances, regulations, and court rules that could potentially apply to a given case, and they work very hard to stay current, as these laws are constantly changing and being reinterpreted by the courts.

A person who chooses to represent his or her own interests in state or federal employment law litigation is expected to know, understand, and apply the applicable legal principles in the same manner as would an attorney with years of experience in the field. Not surprisingly, most pro se cases end up being dismissed, often on procedural grounds.

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When it comes to legal matters, such as an Atlanta employment discrimination lawsuit, time is of the essence. When a claim is not filed within the time allowed by law, it will, in all likelihood, be dismissed by the court.

While there are a limited number of circumstances in which an exception may be made, such cases are few and far between. If you believe that you have a possible claim of employment discrimination, it is very important that you contact an attorney who can help you with your claim so that you do not lose the right to seek legal redress from your employer (or former employer, potential employer, etc.).

Facts of the Case

In a recent case, the plaintiff was a former employee of the defendant hospital. In his employment discrimination lawsuit, the plaintiff alleged that he had been subjected to discrimination because of his race and his age. He sought legal redress under both Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (Title VII), and the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 to 634 (ADEA). The defendant filed a motion to dismiss the plaintiff’s cause of action because he had not alleged that he filed suit within 90 days after receiving his right-to-sue letter from the Equal Employment Opportunity Commission (EEOC).

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An Atlanta employment lawsuit can arise from an employer’s alleged violation of several different state and federal laws, including both the Americans with Disabilities Act and the Family Medical Leave Act.

However, it should be pointed out that the plaintiff has the burden of proving each and every element of his or her case, which can sometimes be a difficult task.

Of course, each case is decided upon its own merits, so the fact that the plaintiff in a particular case was unsuccessful in his or her quest for legal redress should not discourage a would-be litigant from asserting his or her own legal rights in a separate suit.

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There are certain types of discrimination that are unlawful in the workplace. This includes discrimination based upon gender, age, and race, as well as discrimination against someone simply because she is pregnant.

An Atlanta employment discrimination lawsuit is one way for an employee to seek money damages and other legal remedies in such a situation.

Of course, not every such claim is successful. In some cases, the employer may offer proof of a nondiscriminatory reason for an adverse employment decision that impacted the employee, in which case it is typically up to the jury to decide which party’s version of events is more credible.

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An Atlanta employment discrimination case can be complex, with multiple allegations and several different theories of recovery.

For example, a worker may allege that he or she has been treated in a way that runs afoul of state or federal anti-discrimination laws.

The employee may further allege a claim for retaliation if he or she reported the initial act of discrimination and, thereafter, was the victim of adverse employment action (such as being passed over for a promotion) as a result.

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An Atlanta employment lawsuit can arise in many different contexts. The legal remedies that may be available to a person whose employer has acted in violation of the law can vary, depending upon the circumstances. It is important to note that the plaintiff in such a case has the burden of providing credible evidence of the employer’s alleged wrongdoing, or else his or her claim will likely fail.

Facts of the Case

In a recent federal case, the plaintiff was an African-American female police officer who filed suit against the defendants, a city manager and a police chief, seeking relief under three federal statutes (42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1985) due to her termination for actions during a traffic stop involving a personal acquaintance. At first, the plaintiff was only placed on administrative leave so that an investigation could be performed. An outside agency then investigated the matter and concluded that the plaintiff had violated the standard operating procedure of the police department for which she had worked for some 15 years. More specifically, the agency determined that the plaintiff may have violated a procedure governing professional image and may have committed an obstruction of the deputies involved in the traffic stop. At some point after the investigation, the plaintiff was terminated.

The defendants sought summary judgment as to the plaintiff’s claims against them.

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Having knowledgeable and assertive legal representation in an Atlanta employment discrimination case is crucial. Although the law allows those who choose to represent themselves the freedom to do so, this is almost never a good idea.

Unfortunately, a Georgia woman (who, ironically, worked for the court system against which she attempted to bring suit) found this out the hard way. Because she had named the wrong defendant in her lawsuit, her case was dismissed.

Facts of the Case

The plaintiff in a recent case was an employee of a certain county juvenile court. Choosing to represent herself rather than hire an attorney, the employee filed suit in federal court against the defendant, the consolidated city-county government of the town and county in which the juvenile court where the plaintiff worked was located. In her complaint against the defendant, the plaintiff alleged that she had been the victim of unlawful discrimination and sought various legal remedies under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 200e-17.

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When you experience what you believe to be workplace discrimination, there may be many possible wrinkles that could affect your ability to pursue or win your case. Each case comes with its own unique nuances, which is why it is so important to have an experienced Tennessee discrimination attorney on your side who can take each of the unique elements of your case and help you address each of them to achieve a favorable result. Continue reading →

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There are many different ways in which an employer can commit illegal discrimination in the conduct of its business. One of the more recently enacted statutory prohibitions was passed into law with the Genetic Information Nondiscrimination Act of 2008. That law bars employers from, among other things, making hiring, firing, promotion, pay, or privileges decisions based upon an employee’s genetic information. One case brought in federal court here in Georgia under this new law made national headlines back in 2015. Today, that 2015 ruling and the legal steps that followed it more recently serve as clear reminders of the multi-faceted aspects of discrimination litigation and the importance of having knowledgeable and diligent Georgia discrimination attorneys on your side. Continue reading →

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As employers, most businesses are concerned about treating employees in a manner that could give rise to a discrimination lawsuit. This includes how the employer handles the filling of open positions. However, what happens when an employee raises a claim of discrimination based upon not receiving a job that you, as an employer, did not even know that she was interested in? A recent 11th Circuit Court of Appeals ruling in a case that began here in Georgia explored that question, which is just one of many scenarios in which experienced Georgia racial discrimination attorneys can help you in a discrimination case. Continue reading →