Atlanta Employment Attorneys Blog

Disability Accommodations, Interactive Processes, and What Constitutes ‘Thwarting’ Those Processes

December 29, 2022 | Parks, Chesin & Walbert

Every successful disability discrimination case necessarily involves several essential ingredients. You have to have suffered from a qualifying disability. You must have made a request that was sufficiently specific to put your employer on notice that you were seeking a disability accommodation. You also must have engaged in the interactive process in good faith. As you seek to build your failure-to-accommodate case, an experienced Atlanta disability discrimination lawyer can provide you with invaluable aid in securing and presenting the proof you’ll need to succeed.

A North Georgia employee’s case accusing her employer of failing to reasonably accommodate her disability recently scored an important victory in the 11th Circuit Court of Appeals. While the trial court had sided with the employer, the appeals court reversed that ruling and revived the case.

P.W. worked as a claims examiner in the Department of Veterans Affairs’ Atlanta regional office. The examiner, who was also a veteran, had degenerative disc disease in her back and partial paralysis in both her feet. Based on those conditions, the examiner asked for an accommodation regarding her parking spot. Normally, probationary examiners like P.W. had to park in an off-site parking lot one mile from the office; P.W. asked for permission to park on-site.

A Georgia Employer Agrees to Pay $47K After Allegedly Failing to Accommodate a Worker’s Lung Disease and Elevate Risk of Contracting COVID-19

December 23, 2022 | Parks, Chesin & Walbert

As we enter the holiday season this year, one thing for which we can be thankful is that most of us generally can celebrate the season with many fewer restrictions as compared to two years ago. Even as COVID-19 has dissipated from its 2020 worst, the virus (and complications from it) remains a reality for many people. That includes people who have one or more COVID-connected disabilities that require a workplace accommodation. If you’re one of those people and your employer denied you the accommodation you need, you should get in touch with a knowledgeable Atlanta disability discrimination lawyer to discuss what the legal system can do for you.

Last year, the Equal Employment Opportunity Commission sued a Newton County pharmaceutical manufacturing employer in a first of its kind: an action against an employer for an alleged failure to accommodate a worker’s disability that was related to COVID-19. Recently, the EEOC announced that the employer had agreed to settle the case.

R.M., the employee in the case, was a health, safety, and environmental quality (“HSE”) manager at the company’s facility located about 50 miles east of Atlanta. In early March 2020, the manager’s doctor diagnosed her with obstructive lung disease. The doctor recommended that the manager work from home and take frequent breaks while working.

Company Holiday Parties in Georgia and How They Can Run Afoul of Sexual Harassment or Wage and Hour Laws

December 16, 2022 | Parks, Chesin & Walbert

Employers celebrating the holidays with company-wide parties are increasing in numbers. While not at 2019 levels, research shows that, in 2022, more than half are having in-person events. With office holiday parties returning, so too are the legal risks that run concurrently with them. Whether you’re an employer or an employee, it is important to acknowledge that the company holiday party can violate the law in more ways than you might have considered. For employers, a skilled Atlanta employment lawyer can help you keep your party legally compliant. For employees harmed as a result of these kinds of violations, the right legal counsel can be invaluable in protecting your legal options related to those violations.

The Chicago-based firm of Challenger, Gray & Christmas conducts an annual survey of employers regarding holiday parties. The firm’s 2022 survey revealed a massive uptick in in-person events, rising from 27% in 2021 to 57% this year. While not at 2019’s high (75%,) the 2022 number approaches where employers were in 2018 (65%.)

Holidays carry a unique set of risks for employers and employees alike. Especially in recent years, employers and employees alike have become more aware of the risks of sexual harassment at company holiday parties, especially when those events also involve the availability of alcoholic beverages.

An Atlanta Hospital Worker Receives $55K After Her Employer Failed to Accommodate Her Mental Health Disability

December 9, 2022 | Parks, Chesin & Walbert

As of 2020, according to the National Institute of Mental Health, nearly 53 million American adults — or 21% — had one or more forms of mental illness, which can cover a wide array of disorders from depression to anxiety to schizophrenia to addiction. Fortunately for those who experience mental illness to an extent that it impairs major life activities, the Americans With Disabilities Act offers substantial protection against employment discrimination. If you have a mental health disability and your employer failed to accommodate that disability, then they may have violated the ADA. You should contact a knowledgeable Atlanta disability discrimination lawyer to find out if an ADA violation has taken place and, if so, what your next steps should be.

That sort of failure to accommodate was exactly what allegedly happened to one employee of Atlanta’s largest public hospital, and it ended with the worker securing a payout via a settlement.

The worker, a certified medical assistant (CMA), began experiencing symptoms of depression in September 2019. The woman visited a doctor, who diagnosed her with severe depression. Based on that diagnosis, the employee asked for a little more than a month of leave.

A Recent Federal Appeals Court Decision Serves as a Reminder of the Breadth of the FLSA’s Anti-Retaliation Protections

November 30, 2022 | Parks, Chesin & Walbert

Many workers probably know that they can pursue legal action if they incur retribution from their employer for speaking out against discrimination or harassment. However, Title VII isn’t the only law with a prohibition against retaliation. You may also be entitled to hold your employer accountable if they punished you for taking part or being “about to” participate in opposing illegal practices under the Family and Medical Leave Act or the Fair Labor Standards Act. If that’s happened to you, you should contact a knowledgeable Atlanta retaliation lawyer to discuss your situation.

While not a case from Georgia, a recent retaliation matter in the federal Third Circuit Court of Appeals shows how broad the coverage of the FLSA’s anti-retaliation provision can be.

The events culminating in the decision started in early 2019. That was when M.M., a former employer at an oil and gas production corporation, filed a class action complaint under the FLSA. The case accused the employer of failing to pay overtime compensation that the workers had earned.

Flex Pay, Fluctuating Workweeks, and How the Fair Labor Standards Act Impacts Workers Working Those Kinds of Jobs

November 21, 2022 | Parks, Chesin & Walbert

Many workers’ work schedules vary from week to week, both in terms of schedules and the total number of hours worked. The law allows employers whose employees work fluctuating workweeks several options for compensating those workers. Other methods for paying fluctuating-workweek employees, however, run afoul of the Fair Labor Standards Act. A knowledgeable Atlanta wage and hour lawyer can help determine if your method is compliant with the law and, if not, what the next steps should be.

While not technically a fluctuating-workweek matter, a recent federal court case from Pennsylvania offers an example of an employer who dealt with an employee’s changing schedule in a way that was permissible under the law.

The employee, S.W., was a direct care worker working for a home care company. Before she started with the employer, she signed a “Rate Sheet” that said her pay would be $11 per hour. The sheet, however, also said that her hourly wage could change if her hours went up or down.

PC&W Attorneys Seek to Make the City of Atlanta Make Its Sidewalks Safer for People With Disabilities

November 9, 2022 | Parks, Chesin & Walbert

People with disabilities can be the targets of discrimination in a variety of ways. Sometimes it may include being denied housing or employment based on disabilities. Other times, it can include being denied the public facilities necessary to travel to and from one’s housing and/or job. Something as basic as sidewalk maintenance is something that, when not done properly, can result in discrimination against people with disabilities. When that happens, the Atlanta disability discrimination lawyers at our firm are here to help people vindicate their rights.

The most recent piece of news in this area comes from outside Georgia, where the City of Philadelphia agreed last month to settle a lawsuit regarding the disability discrimination that allegedly resulted from the city sidewalks’ state of disrepair.

The group who sued alleged that “the City’s sidewalks, curb ramps, crosswalks, and other paths of pedestrian travel are in a state of severe disrepair and disintegration” and the situation was so bad that it violated the Americans With Disabilities Act.

A North Georgia Worker Recovers a $190K Retaliation Settlement Following Her Termination from Her Administrative Assistant Job

October 31, 2022 | Parks, Chesin & Walbert

Victims of workplace sexual harassment face many potential harms, both professionally and personally. Too many times, they have to fear that merely speaking up and calling out the harassment they endured will harm them, through job loss or other adverse employment action. When that happens, it’s called retaliation, and it’s against the law. If that has happened to you, you should get in touch with an experienced Atlanta workplace retaliation lawyer to discuss your situation.

C.B., an administrative assistant working for DeKalb County’s Facilities Management Department, allegedly endured both that kind of sexual harassment and that sort of illegal retaliation.

The assistant’s boss, the deputy director of facilities management, liked her work and positioned her for a promotion and a raise. The deputy director also apparently was sizing the assistant up for something more than a promotion.

That Time You Spend Logging On (and Off) Your Work Computer May Be Compensable Under Federal Law

October 24, 2022 | Parks, Chesin & Walbert

Today, more and more workers do their jobs via a computer. As most computer-based workers know, getting into (and out of) the programs and/or applications necessary to do your job can be time-consuming. What you may not know, however, is that the time spent waiting on a computer could be time that’s compensable under the Fair Labor Standards Act. Whether you’re an employee or an employer, a knowledgeable Atlanta wage and hour lawyer can help you assess your situation for compliance with the law.

While not from here in Georgia, a recent FLSA case regarding computer-based workers shows how employees can be owed pay for these log-in and log-out times. The case pitted a group of Las Vegas-based customer service call center agents against their employer.

The employer required the call center agents first to log into the employer’s timekeeping program before logging into any other work-related programs. Allegedly, due to a series of variables, this process of reaching the timekeeping program could take as much as 20 minutes, with the average time ranging somewhere between seven and 12 minutes.

The U.S. Department of Labor Just Announced a New Proposed Rule for Independent Contractor Classifications: What it May Mean for You

October 17, 2022 | Parks, Chesin & Walbert

For many workers in this so-called “gig” economy, one of the biggest issues they (and the entity that retains their services) must confront is whether that worker is an independent contractor (who is not covered by many of the protections of the Fair Labor Standards Act) or an employee (who, unless exempt, generally is covered by the law.) Often, these classifications are inappropriate and the worker in question, based on the nature of his/her job, qualifies as an employee, not an independent contractor. When that happens, you may have a claim for compensation wrongfully denied to you, meaning you should get in touch with a knowledgeable Atlanta worker misclassification lawyer right away to discuss your circumstances.

A new proposed rule that the U.S. Department of Labor announced earlier this month could make it harder for employers to classify workers as independent contractors. The new rule seeks to limit independent contractor status only to those workers who, “as a matter of economic reality, are not economically dependent on their employer for work and are in business for themselves,” according to the Labor Department.

The existing rule has five “economic realities” to guide the classification of workers as independent contractors versus employees. The rule split those five into two “core factors,” which were the nature and degree of the hiring entity’s control over the work and the worker’s “opportunity for profit or loss,” and three lesser factors, which were the degree of skill the work required, the extent to which the hiring entity-worker relationship was or was not a permanent one, and whether the worker’s work was part of an integrated unit of production.