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Articles Posted in Discrimination

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What the ADA Does (and Doesn’t) Require of Employers When It Comes to Fringe Benefits and Former Employees

As an employee or an employer, you undoubtedly understand that the totality of the “terms and conditions” of employment extends beyond just the basics like salary. Fringe benefits, especially things like health insurance coverage and retirement, can represent extremely important terms of employment. Discrimination related to fringe benefits potentially may…

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Constructive Discharge and What it May Mean in a Discrimination or Harassment Case in Georgia

The poet Gertrude Stein wrote that a rose is a rose is a rose is a rose.” In employment law, though, sometimes a resignation is not a resignation. Workers and employers should be aware that, if there’s evidence that a worker was forced by intolerable conditions to resign, the law…

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‘Qualified Individuals’ Under the ADA in Disability Discrimination Lawsuits

Any federal employment discrimination lawsuit is something worth taking very seriously, whether you’re the worker pursuing the case or the employer being sued That includes assessing the ways an employer can defeat a claim, potentially even before the lawsuit makes it to trial. Whichever side you’re on, you can strengthen…

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How a Georgia Worker Overcame an Immunity Defense and Won a $202K Judgment in Her Disability Discrimination Case

As a worker, successfully pursuing a discrimination claim can involve many hurdles. In addition to having strong evidence, you have to file on time, you have to comply with all the rules of procedure and you have to overcome your employer’s defenses. Doing these effectively often requires in-depth knowledge and…

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

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…

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U.S. Supreme Court Sides with a Business Owner Who Sought to Deny Service to Same-Sex Couples: What the Ruling Means for LGBTQ+ Georgians Going Forward

A groundbreaking new ruling from the U.S. Supreme Court has triggered substantial concern among members of the LGBTQ+ community. The court’s 6-3 decision says, for the first time, that the First Amendment’s right to free speech allows some business owners to refuse to serve some customers if taking those jobs…

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Book Bans in Schools and How They Can Violate the First Amendment’s Right of Free Speech

Issues related to the contents of school libraries and the reading materials in school curricula have been in the news a lot lately. School authorities have considerable discretion in the books they include and which ones they exclude, but that power is not unlimited. It’s possible for school authorities’ choices…

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

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…

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

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…

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

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…

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