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Articles Posted in Employment Discrimination

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Full 11th Circuit Scraps Georgia Job Applicant’s Age Discrimination Case: What it Means for Georgia Employers and Employees

A recent ruling by the full 11th Circuit Court of Appeals reversed a decision that an appellate panel had made earlier this year and also provided some clarity on which types of age discrimination claims job applicants in Georgia are and are not allowed to bring under the Age Discrimination in…

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Sixth Circuit Follows “Honest Belief” Rule to Reject Wal-Mart Associate’s Age Discrimination Case

A Wal-Mart employee lost her attempt to bring an age discrimination case against her former employer after the company terminated her at age 62. The employee’s unsuccessful case is a reminder to employers and employees of the wide breadth of the “honest belief” rule, which says that, if an employer…

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Eleventh Circuit Upholds Dismissal of Dreadlock Discrimination Argument in Title VII Case

A would-be call center employee lost an offer of employment because she refused to do away with her hairstyle of wearing dreadlocks. The employer, who rescinded the offer of employment based upon its policy against certain hairstyles, was not forced to face trial for this decision. Even if a particular…

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Bank Successfully Defeats FMLA, ADA Lawsuit Brought by Tennessee Teller with Lupus

A recent case pitting a Tennessee bank teller against her former employer resulted in a judgment in favor of the bank and a Sixth Circuit Court of Appeals decision upholding the lower court’s ruling. The bank teller’s lupus required her to miss long stretches of work, and these prolonged absences…

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Funeral Home Uses Religious Freedom Defense to Defeat Transgender Employee’s Title VII Lawsuit

A Detroit-area funeral home recently won a Title VII discrimination case brought by a former employee whom the funeral home fired after the employee announced her intention to transition from male to female. The federal District Court in the case decided that the employer could not be held liable for…

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Seventh Circuit Rejects Employee’s Title VII Case Based on Sexual Orientation; 11th Circuit Considers Similar Issues with Georgia, Florida Employees

A federal appeals court in Chicago issued an opinion stating that a lesbian professor from Indiana did not have a potential Title VII discrimination case when the sole basis for the alleged discrimination was her sexual orientation. While that decision has no direct impact on Georgia or Tennessee employers and employees,…

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Sixth Circuit: Employees Can Recover Back Pay in Title VII Cases for Lost Opportunities with Third-Party Employers

A recent Sixth Circuit Court of Appeals case may have resulted in an unfavorable outcome for one professor, but it could also provide benefits for some Tennessee employees pursuing Title VII cases in the future. The court, while rejecting this employee’s claim for back pay because it was too speculative, stated…

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11th Circuit: Lawyer Who Participated in Former Co-Worker’s Lawsuit Allowed to Pursue Retaliation Case

Employers have a reasonably wide latitude in the non-discriminatory reasons that they state as bases for terminating employees. That latitude does not, however, extend to punishing an employee for “disruptive conduct” if the conduct in question was testifying on behalf of a co-worker in her Title VII discrimination case. A recent…

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Sixth Circuit Rules that Employee’s Evidence Raises Potential Claim for Retaliation, But Not Constructive Discharge

An African-American customer service worker who was held back from promotion while other white coworkers with similar performance reviews were promoted had a potential claim for race discrimination and retaliation, according to a recent Sixth Circuit Court of Appeals ruling. The employee did not have a valid claim for constructive…

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U.S. Supreme Court Decision Offers Extended Filing Time, Enhanced Opportunity to Georgia Employees Facing Discrimination

A significant new ruling issued earlier this month by the U.S. Supreme Court offers very good news for employees who have been the victims of discrimination that was so bad that it ultimately forced them to quit their jobs in order to escape the mistreatment. According to the Court’s 7-1…

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