Employment Law Cases

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 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.

Eleventh Circuit Decision in Retaliation Case Could Affect Georgia Employees

December 23, 2019 | Parks, Chesin & Walbert

In order to establish liability in an Atlanta wrongful termination case based on retaliation, the employee must be able to show that he or she engaged in protected activity, that he or she suffered an adverse employment action, and that there was a causal relationship between the protected activity and the adverse action.

In a recent case, a public employee alleged that he had been fired for making statements that were protected by the First Amendment. The city that previously employed the plaintiff in that case disagreed, however, asserting that the statements in questions were made in the employee’s professional – not personal – capacity. While there are some situations in which an employee’s termination for speech made during the course of his or her employee might be considered unlawful, both the district court and the appellate court agreed that such was not the case.

Factual Allegations

The United States Court of Appeals for the Eleventh Circuit (the same circuit that hears appeals from federal district courts in Georgia) recently decided a case involving allegations that a city employee (a former fire chief) had been retaliated against after he attempted to enforce fire safety rules at an historic building owned by persons with political connections to city government. In the suit, the plaintiff sought relief under the First and Fourteenth Amendments to the United States Constitution, as well as a state whistleblower statute. The plaintiff initially filed his lawsuit in state court, but it was removed to federal court by the defendant city.

Federal Court in Georgia Grants Summary Judgment to University and Counseling Center Director in Discrimination and Retaliation Lawsuit

November 27, 2019 | Parks, Chesin & Walbert

It is rare that both sides of a Georgia employment discrimination lawsuit agree on the facts leading up to the case. Very often, the employee believes that he or she was unlawfully fired, not promoted, demoted, etc. based on his or her age, gender, race, or disability, while the employer insists that the adverse employment action was based on other, legally acceptable reasons. The issue then becomes whether a termination or other adverse employment decision was based on “legitimate, non-discriminatory reasons” or whether the decision was based on factors (such as age or face) that, under state and federal law, should not be part of the decision process in the workplace. When these two sides conflict, either the trial court will grant summary judgment to one party based on the other side’s inability to produce sufficient evidence to prove that there are genuine issues of material fact regarding one or more claims, or the case will proceed to a jury trial.

Facts of the Case

In a recent case, the plaintiff was a counselor who filed suit against the defendants, a state university’s board of regents and the director of the university’s counseling center, asserting that she had been the victim of unlawful discrimination. More specifically, the plaintiff alleged that the defendants discriminated against her when they forced her to resign from her employment after she developed multiple health problems following a stroke-like incident in 2015, rather than be terminated.

In her complaint, filed after receiving a notice of the right to sue letter from the Equal Employment Opportunity Commission, the plaintiff sought legal redress for disability discrimination, retaliation, and failure to accommodate under the Rehabilitation Act and Americans with Disabilities Act. She also sought relief under 42 U.S.C. § 1983 for the defendants’ alleged violation of her First Amendment rights. The plaintiff’s First Amendment claims were brought against the director in her individual capacity, but all of her other claims were against the university and the director in her official capacity.

Federal Appeals Court Rules on Race and Age Discrimination Claim Relevant to Georgia Employees

November 20, 2019 | Parks, Chesin & Walbert

It is unlawful for an employer to take adverse employment action against a worker (or would-be worker) based on matters such as age, sex, race, or disability. An employee who is aggrieved by such conduct should consult an Atlanta employment discrimination attorney about the possibility of filing an employment discrimination claim with the appropriate governmental agency (such as the Equal Employment Opportunity Commission) or court.

Remedies that may be available in such cases include injunctive relief, reinstatement, lost wages, and other money damages. The plaintiff has the initial burden of proving discrimination in such cases. As the case progresses, the defendant employer may allege that it has a legitimate reason for its actions. The plaintiff must then show that this reason was “pretext” rather than a true, lawful reason for the conduct at issue.

Facts of the Case

In a recent unpublished federal appeals court case, the plaintiff was a 52-year-old African American woman who worked as a school secretary/registrar for the defendant school board for approximately two years. After her contract was not renewed and she was unable to find other work in the school district, the plaintiff filed suit in federal district court, alleging claims for racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., 42 U.S.C. § 1981, and 42 U.S.C. § 1983; age discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621–34 (ADEA); and retaliation in violation of Title VII, § 1981, and the ADEA.

Federal Appeals Court That Reviews Claims from Georgia and Other States Grants Partial Summary Judgment in Employment Discrimination Case Against Police Department

November 13, 2019 | Parks, Chesin & Walbert

In an Atlanta employment discrimination suit involving government officials as defendants, it is not unusual for defendants named in their individual capacity to seek dismissal of the claims against them based on qualified immunity. Although the doctrine of qualified immunity is complex, a court that grants dismissal of a claim based on qualified immunity is basically saying that a government official who performs a discretionary task in his or her official capacity should be shielded from suit. There are exceptions to qualified immunity, however. One of these involves situations in which the official violated a clearly established law (such as a constitutional right or a federal statute).

Facts of the Case

In a recent unpublished federal court case decided by the United States Court of Appeals for the Eleventh Circuit (which hears cases appealed from district courts in Georgia, Alabama, and Florida), the plaintiff was a former police officer who first joined the defendant city police department in 1997. He transferred to the defendant’s tactical unit in 2009; notably, the plaintiff’s application to transfer into the unit was initially denied but was granted after he filed a grievance with the personnel board. The plaintiff aspired to work in the unit’s K-9 department, but he was passed over, and white officers were given the positions when openings arose.

The defendant filed a charge with the Equal Employment Opportunity Commission, complaining of the defendant sergeant’s failure to recommend him for a K-9 vacancy in 2013. In 2015, the EEOC issued a right-to-sue letter. In the meantime, the plaintiff had been injured in a motorcycle accident that limited him to administrative duties, and he subsequently retired. In his complaint, he sought legal redress under both 42 U.S.C. §§ 1981, 1983 and Title VII. The federal district court partially granted and partially denied the defendants’ motion for summary judgment. The sergeant sought review of the district court’s decision, particularly its rejection of his claim for qualified immunity.

Georgia Woman Must Arbitrate Age and Disability Claims, According to Federal Court

November 7, 2019 | Parks, Chesin & Walbert

Employees who believe that they have been discriminated against due to age by a current, former, or potential employer may assume that they will eventually have their day in court if they file an Atlanta age discrimination claim.

While the United States Constitution does guarantee the right to a jury trial in some situations, the right to have a jury determine the issues in a civil case is not universal. For one thing, an employee many be asked to forfeit his or her right to a jury trial as a condition of employment.

If the worker signs an arbitration agreement prior to going to work for a certain employer, it is highly likely that any disputes between the parties will eventually be settled through arbitration rather than litigation.