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Articles Posted in Employment Discrimination

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Sixth Circuit: Delaying the Resolution of a Teacher’s Discrimination Grievance Due to EEOC Filing was ‘Clearly Retaliatory’

When you experience what you believe to be workplace discrimination, there may be many possible wrinkles that could affect your ability to pursue or win your case. Each case comes with its own unique nuances, which is why it is so important to have an experienced Tennessee discrimination attorney on…

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It’s Not Always Over After the Verdict: Lessons from a Groundbreaking Federal Discrimination Case from Atlanta

There are many different ways in which an employer can commit illegal discrimination in the conduct of its business. One of the more recently enacted statutory prohibitions was passed into law with the Genetic Information Nondiscrimination Act of 2008. That law bars employers from, among other things, making hiring, firing,…

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When an Employee Can (and Cannot) Win a Georgia Discrimination Case Based Upon Not Receiving a Job for Which She Didn’t Apply

As employers, most businesses are concerned about treating employees in a manner that could give rise to a discrimination lawsuit. This includes how the employer handles the filling of open positions. However, what happens when an employee raises a claim of discrimination based upon not receiving a job that you,…

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Nurse Loses Pregnancy Discrimination Case Because She Didn’t Prove that Her Employer’s ‘Poor Performance’ Reasons Were Mere Pretext

Whether you are an employer or an employee, if you are involved in a Georgia pregnancy discrimination action, it pays to know what the law requires of you to succeed. As an employer, you’ll likely need to be able to give the court a valid, legitimate, and non-discriminatory reason for…

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Eleventh Circuit Decided that a Municipal Employer Was Not Required to Accommodate Worker who Sought Permission to Telecommute

As an employer, sometimes a key to defending successfully against a disability discrimination claim is having thorough proof that you engaged a disabled employee clearly and consistently throughout the entire process regarding accommodations as well as essential job functions. Experienced Georgia disability discrimination attorneys can help you determine what your…

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A Supervisor’s ‘Boorish, Callous, Condescending, or Overbearing’ Behavior Doesn’t Necessarily Make a Work Environment Hostile, Says Sixth Circuit

The boundary lines separating what is not actionable versus what is impermissible employment discrimination have continued to shift and evolve. Regarding a strongly pro-employee ruling a California court entered in 2016 interpreting that state’s employment discrimination statute, one author wrote that the new opinion was a warning to employers:  don’t…

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Eleventh Circuit Upholds Six-Figure Discrimination Verdict for Breastfeeding Mom ‘Constructively Discharged’ from Her Job

In an important new ruling on the issue of discrimination against breastfeeding employees, the 11th Circuit Court of Appeals upheld a jury’s decision that a police department’s refusal to provide a breastfeeding officer with a satisfactory ballistic vest amounted to a violation of the Pregnancy Discrimination Act, and in the…

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A Georgia Woman Fired After Experiencing Period Leaks at Work Takes Her Sex Discrimination Case to the 11th Circuit

A potentially significant case that began here in Georgia is working its way through the federal court system. The case involved an employee who was fired after she twice experienced certain pre-menopause menstruation-related incidents while at work. A ruling from the 11th Circuit Court of Appeals could clarify whether these…

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Self-Represented Med School Professor’s Multiple Procedural, Evidentiary Problems Cost Her in Discrimination Case

Abraham Lincoln reputedly said that “he who represents himself has a fool for a client.” The central thrust of this statement is that cases in which a party represents herself almost always end poorly for that person. This is especially true for non-lawyers who represent themselves. The law, especially employment…

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Eleventh Circuit Allows Deputy Who Was Passed Over for Promotion Despite Higher Exam Score to Maintain Race Discrimination Action

For employers, one of the challenges with which they must deal is creating and following a process for making new hire and promotion decisions. The need to appear impartial and fair may lead an employer to create a metric that is standardized and objective. The key, though, is that, once…

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