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…
Atlanta Employment Attorneys Blog
Sixth Circuit Upholds Ruling for Employer in Harassment Case Arising from Two Unwanted Sex-Related Texts
A nurse anesthetist, who was the recipient of two very unwelcome text messages from a co-worker encouraging her to have “wild sex” with her husband, lost her sexual harassment case against the co-worker and her employer. The Sixth Circuit Court of Appeals upheld the ruling against the nurse anesthetist because…
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 The employer, who rescinded the offer of employment based upon its policy against certain hairstyles, was not forced to face trial for this decision.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…
Georgia Employer Allowed to Keep Some of Employees’ Tips as Long as Employees Received Minimum Wage
A decision from a federal court in Atlanta this summer became the latest in a group to reject a recently created regulation by the U.S. Department of Labor declaring tips to be the property of employees in all circumstances, regardless of whether the tips were needed to raise the employee’s…
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…
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…
How Administrative Proceedings Can Affect Your FMLA Case in Georgia
An important new ruling from the 11th Circuit Court of Appeals highlights when employees can, and cannot, offer arguments in federal employment cases even after administrative bodies have already ruled against that same argument. In this recent case, the court allowed an employee to pursue a Family and Medical Leave…
Georgia Bodyguard’s $65K Damages Award in Unpaid Overtime Case Withstands Appeal
Recent court cases have addressed a steadily wider array of workers — from exotic dancers to NFL cheerleaders to home health workers to, most recently, a hip-hop music producer’s bodyguard — and whether those workers’ employment situations qualify them for the minimum wage and overtime protection of the Fair Labor…
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,…
Sixth Circuit Rules Against Employee in FMLA Case Due to Absence of Damages
In any employment case in which an alleged statutory violation has taken place, it is always important to know exactly what the law requires an employee to show in order to make her case. Tennessee employers and employees should take note of a recent Sixth Circuit Court of Appeals ruling in favor…