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…
When someone files an Atlanta employment discrimination lawsuit based on an alleged act of race, color, gender, or religion in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, he or she must be able to establish that the defendant employer discriminated…
In an Atlanta race discrimination lawsuit, the initial burden of proving wrongful conduct – such as a termination allegedly based on race or color – rests on the plaintiff. If the plaintiff makes an acceptable showing of discrimination, the defendant is then given an opportunity to argue that the plaintiff’s…
In many Atlanta employment discrimination lawsuits, the employer makes an attempt to have the plaintiff’s case dismissed prior to trial via what is known as a “summary judgment” motion. Summary judgment is appropriate only when the party seeking such relief is entitled to judgment as a matter of law. Whether…
When a veteran employee is suddenly let go from a job, it is not unusual for him or her to at least consider the possibility of filing an Atlanta employment discrimination claim. This is especially so if the employee believes that he or she was unlawfully let go based on…
In an Atlanta employment discrimination lawsuit, a plaintiff may have several potential claims. Some of these may be claims under federal law, and some may be state law claims. In some situations, the defendants may include both a corporate or government employer and one or more individuals. It is not…
In order to be successful in an Atlanta employment discrimination lawsuit, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. This requires time, skill, and perseverance, so it is important to talk to an attorney who is experienced in this field of…
There are several different types of unlawful conduct that may be asserted in an Atlanta employment discrimination lawsuit: Sex discrimination, race or color discrimination, age discrimination, national origin discrimination, religious discrimination, and/or disability discrimination. As with other types of civil cases, the plaintiff has the burden of proving his or…
In an Atlanta employment discrimination case, the burden of proof rests on the plaintiff. In order to succeed at trial, the plaintiff must be able to prove each and every element of his or her case. Of course, the defendant in such a case is often quick to seek dismissal…
As seasoned Atlanta employment discrimination attorneys, we struggle to understand why anyone would choose to represent himself or herself in a lawsuit against a current or former employer. Perhaps, those who make such a dangerous and dubious decision do so because they simply do not know what they do not…