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…
Employees who believe that they have been discriminated against due to age by a current, former, or potential employer may assume that they will eventually have their day in court if they file an Atlanta age discrimination claim. While the United States Constitution does guarantee the right to a jury…
Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., it is unlawful for an employer to discriminate against a worker because he or she has opposed an unlawful employment practice. (An employer is also prohibited from discrimination in retaliation for a worker’s formal…
The Americans with Disabilities Act was enacted with the purpose of ending discrimination against individuals with disabilities by making it unlawful for employers to discriminate against a qualified individual on the basis of disability. In order to assert a claim under the Act, a plaintiff must be able to prove…
Filing an Atlanta employment law claim can be a complicated endeavor. Unlike many other types of cases, there may be pre-filing requirements that, if not complied with, can result in a claim be dismissed later on. If you believe that your employer has violated state or federal law, it is…
Everyone wants to be paid fairly, from the most modestly paid fast food worker to the most highly compensated executive. Even judges want to be paid every penny that they are due. In addition to state and federal laws regarding wage and hour issues, there may be other remedies available…
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…
There are many ways in which an employer can violate an employee’s rights under state, federal, or constitutional laws. However, not every disagreement about matters in the workplace is actionable in court. Most Atlanta employment law cases go through a lengthy pre-trial phase, in which an employer may seek dismissal…
Discrimination based on race, gender, and age is still alarmingly common. If you believe you have been a victim of such unlawful conduct, you should talk to an Atlanta employment discrimination attorney about the possibility of filing a claim against your employer. However, you should be aware of the requirements…
An Atlanta employment law case can have many nuances and potential complications. Thus, it is critical that the plaintiff in such an action receive dependable, accurate legal advice. If you think you may have a claim against your employer, you should talk to an attorney right away. A lawyer who…