Employment Discrimination

Adverse Employment Actions and Failure-to-Accommodate Claims Under the ADA

July 17, 2023 | Parks, Chesin & Walbert

The Americans With Disabilities Act has been a part of federal law for 33 years. Despite that long-standing history, the complexity of this area of the law continues to yield compliance problems in workplaces across Georgia and the United States. Given the intricacy of disability law and the high stakes involved (both for a worker with disabilities or an employer,) it is wise to contact a knowledgeable Atlanta disability discrimination lawyer to get reliable answers to questions about your circumstance.

A recent appellate decision from the 11th Circuit Court of Appeals has dispensed some good news to both employees with disabilities and employers. The employee in the case, T.B., was deaf and communicated primarily using ASL (sign language.)

When T.B. worked as a materials handler for an auto parts store, he asked his employer for a disability accommodation. Specifically, he sought an ASL interpreter for a variety of employment-related functions, including meetings, training sessions, and a company picnic. As an additional accommodation, he requested test message summaries of his daily pre-shift meetings.

How Employer Health Plans’ Exclusion of Gender-Affirming Care May Constitute Illegal Employment Discrimination

June 16, 2023 | Parks, Chesin & Walbert

Transgender people face discrimination in many settings, and that includes the workplace. One way is when their employers provide insurance coverage to employees in a discriminatory manner. If your employer’s insurance plan discriminates against your gender-affirming care, that potentially can represent a violation of federal law and you should talk to an Atlanta employment discrimination lawyer about your situation.

Currently, several state government workers are pursuing a discrimination case exactly like this.

M.R., one of the employees, is a staff accountant at the Department of Audits and Accounts and a trans man. The accountant’s doctor recommended certain surgical procedures. The Georgia State Health Benefit Plan denied coverage, so the accountant sued.

The Respect for Marriage Act and the State of Marriage Equality in Georgia and Elsewhere in 2023

June 9, 2023 | Parks, Chesin & Walbert

Eight years ago this month, the U.S. Supreme Court issued its landmark ruling in Obergefell v. Hodges establishing marriage equality across the U.S. Even though marriage equality is the law of the land, gay and lesbian people still encounter many hurdles. If you’ve encountered illegal discrimination because of sexual orientation or your same-sex marriage, then you should contact an experienced Atlanta discrimination lawyer to help protect your rights.

A few months ago, the U.S. Congress last year took an important step in protecting gay and lesbian couples. The action occurred in the wake of a Supreme Court ruling that, on its face, had nothing to do with marriage equality.

In June 2022, the court issued a ruling in the abortion case of Dobbs v. Whole Women’s Health. The court’s majority opinion addressed abortion rights, but Justice Clarence Thomas’ concurring opinion theorized that the notion of “substantive due process” is “demonstrably erroneous.” (Substantive due process is the legal concept underpinning many modern rights cases like Griswold v. Connecticut (contraception,) Lawrence v. Texas (same-sex intimate relations,)… and Obergefell.)

When Ageist Insults Can Factor into a Federal Age Discrimination Case in Georgia

May 11, 2023 | Parks, Chesin & Walbert

The emergence of memes involving the derisive phrase “OK boomer” is a reminder that age-based bias is as pervasive as ever (if not more so) across America and here in Georgia. While some age-biased insults may be merely rude or in poor taste, other times, they represent something very profoundly damaging and harmful. When this kind of injurious conduct occurs in the workplace, it may represent an instance of illegal age discrimination. Whether you are an employer or an older employee, if you think you’re dealing with age discrimination issues, contact an experienced Atlanta age discrimination lawyer to find out what your next steps should be.

“OK boomer” may be the most on-trend age-related barb, but it is far from the only one. Recently, one Georgia worker reached a successful settlement of her Age Discrimination in Employment Act case where those sorts of issues played a role.

The employee, L.C., was an Atlanta-area woman who worked for a major information services company in a sales representative role. According to the employee’s ADEA lawsuit filed here in the Northern District of Georgia last June, L.C.’s supervisor called her names like “old dinosaur” and also opined that she was so old that she could not figure out newer technologies.

The Importance of Thorough — and Factually Consistent — Documentation When it Comes Time to Litigate a Discrimination Case

April 28, 2023 | Parks, Chesin & Walbert

TV and theatrical depictions of lawyers and litigation often take a great degree of “artistic license.” (Scenes inside a courtroom room rarely look like what happens on a Law and Order show.) One thing shows and movies get right, though, is a good attorney’s ability to spot weaknesses in the other side’s position. On the screen, the lawyer may catch the person in a lie outright. In the real world, it more often relates to a skilled Atlanta employment discrimination lawyer’s ability to spot inconsistencies and expose them to undermine the other side’s credibility.

To avoid falling victim to this pitfall — whether you’re an employee alleging discrimination or an employer defending against such a charge — it is vital to ensure that you’ve maintained proper and complete documentation of the events that preceded the litigation and make sure that they consistently “sing from the same sheet of music,” so to speak. As an employer, that includes documenting all the steps you took before firing an employee, such as performance improvement plans and disciplinary actions.

For example, take the race discrimination case of an engineering and consulting firm and one of its project coordinators who worked in North Georgia. The coordinator, a Black woman, worked in Kennesaw for five years. During that time, she said she endured racial discrimination on multiple occasions.

The Georgia General Assembly Weighs Passage of a Bill That Would Ban Many Forms of Workplace Pregnancy Discrimination

April 7, 2023 | Parks, Chesin & Walbert

Workers who make the decision to continue navigating the workplace during (or very shortly after) their pregnancies face many potential challenges, from the logistical to the physical to the emotional. What they shouldn’t have to face is discrimination on the job because they’re continuing to work while pregnant or nursing an infant. Currently, the Georgia General Assembly is considering a bill that would provide very substantial new protections for pregnant workers in this state. Already, federal law prohibits many forms of discrimination against pregnant or breastfeeding/nursing mothers so, if you’ve suffered professional harm because you’re pregnant or breastfeeding, you owe it to yourself to contact a knowledgeable Atlanta pregnancy discrimination lawyer to discuss your situation.

The Pregnancy Protection Act would prohibit a variety of employment practices that would, according to the bill, constitute pregnancy discrimination. One crucial element of the bill would require employers to make reasonable accommodations for workers who are pregnant.

Under the act, possible reasonable accommodations for pregnant workers would include things like “longer breaks, time off to recover from childbirth, time off for medical appointments, absences related to medical needs for pregnancy, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, break time and private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules.”

Employers’ Health Insurance Coverage Choices and Gender Identity Discrimination in Georgia

March 24, 2023 | Parks, Chesin & Walbert

For transgender workers in Georgia, the potential to be harmed by discrimination exists on several fronts. Even if an employer refrains from any adverse action directly related to the worker’s performance of their job, other ways to harm that worker still exist, such as the denial of insurance coverage for necessary treatments connected to their transgender condition. When a Georgia employer erects a carve-out in its insurance plan that specifically targets treatments designed for transgender people, then that employer has potentially engaged in gender identity discrimination in violation of Title VII… as well as disability discrimination in violation of the Americans With Disabilities Act. When that happens, be sure to contact an experienced Atlanta employment discrimination lawyer to find out how to protect your rights.

A.L., whose case this blog covered last year, was one of those employees. A.L. was a sheriff’s deputy in Houston County and a trans woman. The deputy’s medical providers diagnosed her with gender dysphoria and recommended hormone treatment, breast implants, and a vaginoplasty.

The employer’s health insurance refused to cover the care. As the deputy pointed out, the plan was discriminatory, covering hormone treatments when doctors prescribed them in relation to a woman’s menopause, but not in relation to a trans woman’s transition. Additionally, the plan covered mastectomies when needed as part of cancer treatment, but excluded them when they were part of a trans man’s gender dysphoria care.

Establishing a ‘Convincing Mosaic of Circumstantial Evidence’ in Support of Your Workplace Race Discrimination Case

March 17, 2023 | Parks, Chesin & Walbert

When you seek to defeat your employer’s motion for summary judgment in your discrimination case, you may have multiple avenues through which you can do that. One is to provide the court “a convincing mosaic of circumstantial evidence that raises a reasonable inference that the employer discriminated against” you. A knowledgeable Atlanta employment discrimination lawyer can help you ensure you’re amassing and presenting the evidence you need to defeat your employer’s motion and get your day in court before a jury.

M.B. was a Black man whose race discrimination case advanced using that “mosaic” method.

M.B. began working at a manufacturing facility in Flowery Branch in 2006. He rose to shift lead but never ascended any higher. That professional stagnation was not for lack of trying. From February 2017 to January 2018 alone, he applied for promotions five different times. Five times the employer turned him down.

A North Georgia HR Director Receives $460K in a Settlement of a Federal Age Discrimination Dispute

March 10, 2023 | Parks, Chesin & Walbert

When an employer denies a worker a promotion, fires them, or refuses to hire them because they’re over 40, that decision potentially represents a violation of federal law (the Age Discrimination in Employment Act (ADEA).) If you’ve encountered an age discrimination issue — whether as an employee or an employer — an experienced Atlanta age discrimination lawyer can help you map out the path forward that is the most advantageous given your specific circumstances.

Observers have noted that age discrimination actions are on the rise. That includes here in Georgia.

In one recent age discrimination case, the employer was an Alpharetta-based manufacturer of connectors used in medical devices. Allegedly, after the employer named a new CEO in 2016 and a new president in 2019, the pair embarked on a plan to get rid of all the company’s older management employees and sales workers, replacing them with a new, younger staff.

Your Administrative Charge, Your Georgia Discrimination Suit, and What Happens if You Encounter Retaliation After You File With the EEOC

February 21, 2023 | Parks, Chesin & Walbert

In cases of employment discrimination and retaliation, the worker’s ability to pursue that claim in court depends on more than just the strength of the factual evidence he/she has. The law imposes certain requirements that, if not satisfied, can completely derail the worker’s case. One of these is something called the “exhaustion of administrative remedies,” which means going through the proper administrative agency before suing in court. Whether you’re a worker or an employer, issues like exhaustion can dramatically alter the trajectory of your case, and these issues represent just one of the countless reasons why it pays to have a knowledgeable Atlanta employment retaliation lawyer handling your case.

One U.S. Postal Service employee recently lost his claim for this reason. The worker, E.E., was an African-American male and mail handler. In 2003, the handler suffered a lower-back injury that impaired his ability to do “repetitive motions such as bending, lifting, twisting, and turning.”

In 2016, the handler’s supervisor assigned him to a “modified job position.” That new position had the impact of reducing the handler’s daily hours by 75%, which also triggered a reduction in his pay. In response, the handler filed a race and disability discrimination charge with the U.S. Equal Employment Opportunity Commission. A few months later, the supervisor allegedly retaliated against the handler because he complained to the EEOC.