Atlanta Employment Attorneys Blog

Dual Theories of Employee’s Misconduct Doesn’t Prove Employer Discriminated, 11th Circuit Rules

April 6, 2016 | Parks, Chesin & Walbert

A recent 11th Circuit Court of Appeals case is helpful in instructing how far an employer must go in stating why it chose to terminate an employee on Family and Medical Leave Act leave. Even though the employer in the recent case only narrowed its reasons down to two mutually exclusive ones, its good-faith investigation established a reasonable basis for concluding that the employee committed one of the two misdeeds, and, since either was enough to warrant termination, the employer’s action did not violate the law.

The events that happened to Kimberly Thomas that triggered this case were, in some ways, not uncommon. Thomas, a manager at a Dollar General store in Alabama, was terminated in the wake of a robbery at her store. The robbery had yielded an investigation by Thomas’ superiors and questions regarding two store employees’ completion of a mandatory online class regarding robbery prevention. The employer concluded that Thomas either took the course exam for the employees or made the employees take the test “off the clock.” Either way, the employer reasoned that Thomas had violated company policy and ended her employment.

11th Circuit Says Employer Not Required to Adopt Reporter’s Suggested Disability Accommodations

March 24, 2016 | Parks, Chesin & Walbert

When an employee sues her employer for disability discrimination, there are several things she needs to prove in order to succeed. One of these things relates to the employer’s obligation regarding accommodations, and how far the employer must go to accommodate the employee. In a recent 11th Circuit Court of Appeals case touching upon this issue, the ruling went against the employee because the accommodations the employee presented were not things the law required the employer to do.

Michaelene Tetteh was an award-winning journalist for WAFF-TV Channel 48 in Huntsville, Alabama. Although she worked as a sports anchor, reporter, and photographer, her achievements went beyond sports — she picked up an Alabama Associated Press award in 2008 for a series she did regarding the fight against sex trafficking, for example. Unfortunately, her career took a detour a year later when, while filming the action at basketball game, she suffered a significant shoulder injury after a player crashed into her.

New 6th Circuit Ruling and its Impact on Disparate Discipline Cases in Tennessee

March 17, 2016 | Parks, Chesin & Walbert

A recent case from the 6th Circuit Court of Appeals offers an informative ruling on another variation of a similar theme for the court. The court previously addressed the issue of differing discipline as the basis for a discrimination case in the context of two employees involved in the same incident. In this newest case with the potential to impact Tennessee employers and employees, the issue was differing discipline in separate but similar instances. In this case, the court decided that a female employee should be allowed to pursue her sex discrimination case after showing that she was fired for making the same (or equally severe) mistake as other male coworkers who were not terminated for their offenses.

The employee, Karon Jackson, worked as a mental health technician (MHT) at Detroit Receiving Hospital’s Mental Health Crisis Center. MHTs were responsible for assisting registered nurses with the patient discharge process by collecting paperwork and the patient’s personal effects. At the process’s conclusion, MHTs were also charged with physically transporting the patient out of the center. Workers were required to check the patient’s wristband to make certain that the correct patient was getting discharged.

New 11th Circuit Decision Changes the Way Some Discrimination Cases Will Be Decided in Georgia

March 10, 2016 | Parks, Chesin & Walbert

An important new decision handed down last month by the 11th Circuit Court of Appeals stands to be a “game changer” for some employment discrimination cases that will be decided by federal courts in Georgia. The appeals court’s rejection of the old methodology for deciding if an employer had violated the law now means that employees could potentially have an easier time getting past the summary judgment phase of a case, making it to trial, and winning. Under the new rule, in cases in which the employer had both legal and illegal motivations for acting, all the employee must show to succeed is that the employer took an adverse employment action and that the employee’s membership in a protected class was a motivating factor in the action.

The case that led to this ruling was Quigg v. Thomas County School District. The employee, Linda Quigg, was the superintendent of public schools in Thomas County, Georgia, from 2007-11. After the local school board voted 5-2 not to renew her contract in 2011, Quigg launched a legal action, asserting that she was the victim of sex discrimination and retaliation. Quigg offered evidence that, during her tenure, some board members made statements that indicated an anti-female gender bias. Additionally, however, the board had evidence that some members legitimately disapproved of Quigg’s on-the-job performance, and some of Quigg’s evaluations indicated legitimate performance-based concerns.

Failure to Act Costs Tennessee Employer in Employee’s Sexual Harassment Case

March 3, 2016 | Parks, Chesin & Walbert

When an employee sues his employer in a sexual harassment case, there are several key pieces that go into that case. The court will look at the harasser’s conduct, as well as the employer’s response. For an employee to win against his employer, he must not only have been harassed, but also his employer’s response must have been improper. In a recent Tennessee case, the Sixth Circuit Court of Appeals upheld a $300,000 jury verdict in favor of an employee. In that case, it was not so much an improper action taken by the employer but an improper inaction that doomed its case.

The employee who sued, Jeffry Smith, worked at Norcross, Ga.-based Rock-Tenn Services, Inc.’s facility in Murfreesboro. Smith suffered multiple acts of harassment from a co-worker, Jim Leonard. Leonard slapped Smith on the rear one day, grabbed Smith’s rear very hard a few days later, and, some time later, came up behind Smith, grabbed his hips, and began basically engaging in a simulated humping session. The cumulative effect of Leonard’s conduct was so severe that Smith began suffering anxiety problems and had to take a leave of absence from work.

Appeals Court Applies Agricultural Exception to Case Involving Tennessee Worm Farmers

February 25, 2016 | Parks, Chesin & Walbert

Workers at a business that housed, raised, and sold worms for fishing bait lost another round in their case seeking compensation for unpaid overtime. The Sixth Circuit Court of Appeals agreed with a Chattanooga-based federal district judge that the agriculture exception to the Fair Labor Standards Act’s overtime pay requirement applied to the worm farm. The worm farm, the Sixth Circuit decided, reasonably resembled an ordinary agricultural operation in almost every relevant way. The only major difference was the unfamiliar item that the farm was farming.

The business under scrutiny in this case was one run by Bruno Durant, a French immigrant who relocated to Georgia to grow and raise worms that he then sold for use as fishing bait. After a decade in Georgia, Durant moved his operation to rural Tennessee. The business consisted of importing baby worms from Europe before housing and feeding them on his property in Tennessee. Once the worms reached maturity and grew to a sufficient size to be fit for sale as bait (roughly double their size during their time on Durant’s farm), the farm sold them to retailers.

Atlanta Referral Agency, Stagehands Did Not Share Employer-Employee Relationship, 11th Circuit Rules

February 18, 2016 | Parks, Chesin & Walbert

In recent months, one of the emerging issues within employment law has centered on whether groups of workers are employees or independent contractors. Recent cases from Georgia have focused on whether exotic dancers are independent contractors or employees of the clubs where they dance, with the dancers achieving a favorable ruling in at least one instance. A group of freelance stagehands obtained a less successful outcome recently, with the 11th Circuit Court of Appeals deciding that they were not employees of a referral service.

The referral agency, Crew One Productions, Inc., provided workers for live events in Atlanta and surrounding areas. The stagehands referred by Crew One worked a variety of events, ranging from concerts and sporting events to plays, trade shows, and graduations. Crew One would contract with the event planner for a number of stagehands and a specific hourly rate of pay. Crew One, which maintained a database of stagehands willing to consider taking assignments from the agency, would contact members of its database and obtain a number of available workers matching the number the event planner needed.

Temporary Employees and FMLA Leave in Georgia

February 10, 2016 | Parks, Chesin & Walbert

An Alabama employee recently lost her Family Medical Leave Act case because the period for which she sought leave was after the last day of her temporary employment. The case, and the 11th Circuit Court of Appeals ruling in it, provides some helpful guidance to Georgia employers and employees when it comes to temporary employees and the FMLA. In ruling in favor of the employer, the court explained that employers can terminate temporary employees, thereby preventing them from taking FMLA leave, as long as the termination would have occurred just the same even in the absence of the employee’s leave request.

The employee in this case, Janet Scotnicki, was a nurse in the Coronary Care Unit (CCU) at the University of Alabama at Birmingham Hospital. Scotnicki had a condition called Autoimmune Cerebellar Ataxia. Symptoms of her condition include problems with balance and walking. In 2007, the nurse took a month of FMLA leave to seek medical treatment. When she and her supervisor discussed her return to work, her supervisor proposed two possible opportunities that were more sedentary than her CCU job. Scotnicki chose a job with the Interventional Cardiology office, even though the supervisor clearly indicated that this job was only temporary.

Sixth Circuit Ruling Raises Warning to Tennessee Employers When it Comes to Handing out Disparate Discipline

February 3, 2016 | Parks, Chesin & Walbert

As an employer, investigating employee misconduct and assessing proper punishment to each employee involved in breaking the rules is often complicated. It is very important to complete this task carefully and meticulously, though, especially if one the employees involved is a member of a protected class. In the case of one bank, the Sixth Circuit Court of Appeals decided that its decision to punish an African-American employee involved in a workplace fight more harshly than the white employee involved in the same fight may constitute racial discrimination. The unfavorable ruling for this employer highlights the potential pitfalls that can await employers that issue different punishments to employees involved in similar misdeeds, especially when the employees are of different races, genders, religions, and so on.

The case began with a verbal disagreement between Curtis Wheat and Brad Hatfield, two male co-workers at Fifth Third Bank. The disagreement escalated into an argument and eventually a physical fight. After the event, the bank sent Michelle Healy, an employee relations consultant, to interview both of the men. An angry Wheat told Healy that he would “take care of [the problem with Hatfield] myself” and “Monday is going to be a big day,” but he refused to elaborate further.

Georgia Transgender and Homosexual Workers and 2016 Employment Discrimination Cases in the 11th Circuit Court of Appeals

January 27, 2016 | Parks, Chesin & Walbert

Two Georgia women, who lost their jobs and subsequently launched Title VII sex discrimination cases against their former employers, ultimately took their cases all the way to the federal 11th Circuit Court of Appeals to defend their positions. These two cases, one of which was decided in mid-January and one of which remains pending, offer some important insight into the state of federal sex discrimination law and the changes that could soon take place.

The recently decided case involved an auto mechanic from Cobb County. When Credit Nation Auto Sales hired the mechanic, the mechanic identified publicly as a man named Louie Chavez. In 2009, Chavez began transitioning from male to female and began going by the name Jennifer Chavez. Chavez’s supervisor expressed unease about the mechanic’s decision, fearing that the mechanic would negatively affect business.