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…
Articles Posted in Employment Discrimination
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…
Manager’s Part-Time Schedule Accommodation Meant He Wasn’t Qualified to Do His Job, Sixth Circuit Rules
As an employer, there are many human resources-related tasks with which you must concern yourself. Some of these might seem like less significant items, but even these “small” details can have great importance in certain situations. One example is maintaining updated, detailed, and complete job descriptions. While this might seem…
Lack of ‘Similarly Situated’ Males Dooms Tennessee Professor’s Sex Discrimination Case
In a Title VII discrimination case, there are several hurdles in front of a plaintiff. The law requires that the employee show that she suffered discrimination and that the legitimate, non-discriminatory reasons offered by the employer were really just pretexts for discrimination. In the case of one middle Tennessee professor,…
Untangling Employer-Mandated Grooming Policies: What Title VII Does and Does Not Allow
Late last summer, the 11th Circuit Court of Appeals issued a ruling in favor of an employer after an employment candidate accused the company of race discrimination by virtue of its enforcement of its employee grooming policies. This so-called “dreadlock decision” has led to many discussions and commentaries since its…
Seventh Circuit Makes Headlines With Title VII Sexual Orientation Discrimination Decision, But What Does it Mean in Georgia?
One of the interesting byproducts of living in the 21st-century information age is the speed at which information transmits. In this age of smartphones, the world-wide web, and social media, news really does travel fast. Whether you are an LGBT person in the workforce or you’re an employer, chances are…
African-American Workers Pursue Case Alleging Rampant Racism at Georgia Farm
Sometimes the alleged acts of discrimination that go on within a workplace may be extensive and extreme. Even when that level of alleged racism is going on at work, it is still important to follow all of the necessary steps to pursue your case carefully and thoroughly to avoid procedural…
11th Circuit Panel: Sexual Orientation Discrimination Isn’t Impermissible Sex Discrimination Under Title VII
In the latest ruling of what has become a nationally watched case, an 11th Circuit Court of Appeals panel has upheld a trial court’s decision to throw out a Georgia security guard’s Title VII claim based upon her sexual orientation. The ruling is worth noting by Georgia employers and employees…
Tennessee Call Center Worker’s Poor Attendance Dooms Her ADA Case
When it comes to litigating issues in employment law, whether the issue is Family and Medical Leave Act interference, Fair Labor Standards Act retaliation, disability discrimination in violation of Americans with Disabilities Act, or some other violation of employment laws, one of the keys to success, especially as an employer,…
Memphis P.D. Wins Dismissal in Discrimination Case Brought by Gay Police Officer
One of the more hotly contested areas of employment discrimination currently is discrimination against LGBT employees. In states like Tennessee, federal court precedent has ruled that sexual orientation discrimination is not a valid type of Title VII violation, but some LGBT employees have won their cases by arguing that their…