Employment Discrimination

Federal Employment Discrimination and Hostile Workplace Lawsuit Provides Guidance for Would-be Georgia Litigants

June 11, 2021 | Parks, Chesin & Walbert

Filing a claim for employment discrimination is not a particularly difficult process, so long as the basic rules for form and timeliness are observed. Winning an employment discrimination lawsuit based on such a claim is a very different matter, however.

Simply believing that one has been the victim of unlawful actions in the workplace is not enough to prevail on a discrimination claim in a court of law. Rather, there must be competent, credible evident that will support each and every element of the plaintiff’s case.

In fact, a case will probably not even be submitted for a jury’s consideration unless there are genuine issues of material fact that, if resolved in the plaintiff’s favor, would entitle him or her to a legal remedy such as money damages or injunctive relief. Thus, it is very important that a would-be litigant in an Atlanta employment discrimination case seek the assistance of qualified legal counsel before going forward.

Federal Age Discrimination Claim Against Georgia Governmental Entity Dismissed for Lack of Jurisdiction

May 28, 2021 | Parks, Chesin & Walbert

Just as in other types of civil cases, an Atlanta age discrimination lawsuit is subject to dismissal if the court in which it is filed lacks subject matter jurisdiction. When a court lacks this type of jurisdiction, it does not have the authority to render a binding decision in the case, and, thus, it must dismiss any claims over which it has no jurisdiction.

Usually, matters of jurisdiction are dealt with fairly early in the litigation process. This is typically done through a motion to dismiss made pursuant to Federal Rule of Civil Rule 12(b)(6).

Facts of the Case

In a recent age discrimination lawsuit, the plaintiff was a 72-year-old man who applied for work as a facilities maintenance/construction manager with the defendant governmental agency in 2018. The defendant did not extend an offer of employment to the plaintiff, despite him having more than 40 years of experience in construction project management. Rather, the defendant chose to hire a younger, less-experienced candidate for the job. The plaintiff filed suit, alleging that the defendant had unlawfully discriminated against him in violation of the federal Age Discrimination in Employment Act (ADEA).

Georgia Woman’s Employment Discrimination Case Against State Board of Regents and Former Supervisor Dismissed as Untimely

April 23, 2021 | Parks, Chesin & Walbert

In an Atlanta employment discrimination case, there is a relatively short window for the filing of a complaint against the offending employer. If this requirement is not met, the plaintiff’s case will likely fail.

Thus, an important first step in holding an employer accountable under the law is to consult an attorney who can help you get started on your claim. An individual who is not represented by counsel is at a huge disadvantage in court, as it is almost guaranteed that the employer will be represented by legal counsel who is well-versed in the laws and procedures applicable in these types of cases.

Facts of the Case

In an employment discrimination case filed in the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff averred that she had been discriminated against by the defendants (a state board of regents and her former supervisor), on account of her gender in violation of Title VII of the Civil Rights Act of 1964. According to the plaintiff, she relocated from one campus to another but continued to experience discrimination in the terms and conditions of her employment. Consequently, the plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC). She received a right to sue notice on November 21, 2017. She then filed suit against the defendants in federal district court on February 20, 2018. Later, the parties filed a stipulation of dismissal without prejudice, ending the plaintiff’s cause of action on July 29, 2019. Notably, the plaintiff was not represented by counsel at that time.

Federal District Court Decides Whether Georgia Woman’s ADA and FMLA Claims Survive Employer’s Motion for Summary Judgment

April 15, 2021 | Parks, Chesin & Walbert

Federal laws such as the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112, et seq., and the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq., provide valuable protections to workers who are disabled, become ill, or find themselves as caregiver for an ailing family member. However, there are limitations on the provisions of these laws, and not every Atlanta employment discrimination or retaliatory discharge case based on their alleged violation will be met with success.

As with other civil suits, the plaintiff has the burden of meeting certain elements of proof in order to prevail in his or her suit. Employers typically seek dismissal of the various claims filed against them if at all possible, and it is not unusual for a trial court to dismiss some (or even all) of a plaintiff’s claims prior to trial.

Facts of the Case

In a recent employment law case, the plaintiff was a woman who began working as a manager of a discount warehouse club owned by the defendant employer in March 2017. Between that time and the day that she was ultimately terminated in late 2018, several significant events occurred, including multiple “coachings” regarding the plaintiff’s performance of her job, a pregnancy, and a work-related injury. After being terminated for an alleged “inability to perform her job,” the plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, in 2019, the plaintiff filed suit in federal court, asserting claims for a) retaliation, discriminatory discharge, and failure to accommodate in violation of the ADA and b) for interference with her rights under the FMLA.

Federal Court in Georgia Dismisses Employment Discrimination Claim Filed by African American Employee of Sudanese Origin

March 28, 2021 | Parks, Chesin & Walbert

When an employee believes that he or she has been wrongfully discriminated against in the workplace, there are several steps that must be taken in order to assert an Atlanta employment discrimination claim. These cases tend to be very fact-specific, and it is important for the record to be fully and effectively developed as the case proceeds towards trial.

An experienced employment law attorney can help an employee who has been fired or passed over for a new job or a promotion as he or she seeks justice in the court system. Thus, one of the most important steps in the process of holding a discriminatory employer accountable for its wrongdoing is talking to an attorney who handles these types of cases.

After filing certain paperwork with the proper state and/or federal agencies, the employee’s next step will be to file a lawsuit, that is, a formal complaint in a court of law. In many cases, the complaint is met with great resistance, often including one or more motions to dismiss the employee’s case.

Dismissal of Georgia Woman’s Employment Discrimination and FMLA Claims Affirmed on Appeal

March 23, 2021 | Parks, Chesin & Walbert

Federal law protects employees against racial discrimination and actions taken in retaliation for an employee’s assertion of his or her rights under certain federal laws designed for the protection of workers. However, an Atlanta employment discrimination claim will not be viable in every alleged instance of discrimination or retaliation.

In order to prove his or her case, the plaintiff must have enough evidence to survive the inevitable motion to dismiss by the employer, and this is not always an easy task. Consulting an experienced employment law attorney who can help the plaintiff build his or her case is essential.

Facts of the Case

The plaintiff in a recent case was an African American woman who was hired to work as a property manager for the defendant employer in 2012. She was promoted to area manager in 2014 but demoted back to property manager in 2015. After being terminated later that year, the plaintiff filed suit in federal district court alleging that she was terminated because of her race in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e) and 42 U.S.C. § 1981; that the defendant had interfered with her rights under the family Medical Leave Act (FMLA); and that the defendant had retaliated against her for asserting her rights under FMLA.

Georgia Man Fails to Convince Federal Court of Appeals that He Was the Victim of Unlawful Race Discrimination

February 25, 2021 | Parks, Chesin & Walbert

Those who believe that they may have a valid Atlanta race discrimination lawsuit against a current, former, or potential employer have a limited time to take legal action. Failure to file the appropriate paperwork within the time allowed by law can result in a complete forfeiture of one’s legal rights.

Once the claim is filed, there are other requirements imposed upon the employee, including the burden of producing legally admissible evidence tending to show that he or she was the victim of unlawful discrimination due to his or her race or color. In turn, the employer is apt to present a different view of the case, one in which it had a legitimate, non-discriminatory reason for its adverse employment decision towards the plaintiff.

At that point, it is likely that the employer will seek summary judgment, that is, a pre-trial order establishing that it is entitled to judgment as a matter of law. If the motion is granted, the employee may then seek the review of the court of appeals. If the court of appeals holds differently than the trial court, the matter may be sent back to the trial court for further proceedings.

Georgia Woman’s Employment Discrimination Claim Against College is Dismissed on Summary Judgment

February 14, 2021 | Parks, Chesin & Walbert

It is wrongful for an employer to discriminate against an employee because of his or her race, color, national origin, age, religion, sex, or disability. When an employer violates state or federal laws that forbid such conduct, the affected worker may be able to assert an Atlanta employment discrimination lawsuit.

If an employee (or former employee) is successful in his or her case, multiple forms of relief may be available, depending on the specific situation that gave rise to the claim. This might include injunctive relief (such as an order reinstating the worker to a particular position), front pay, back pay, compensatory damages, punitive damages, and/or attorney fees.

Of course, not every claim of employment discrimination is ultimately successful. The employee must be able to show that his or her race, age, sex, etc., was a motivating factor in the employer’s adverse decision (such as firing the employee or refusing him or her a promotion) and that any supposed non-discriminatory reason for the decision was not merely pretextual; unfortunately, this is not always possible. Continue reading ›

Georgia Woman’s Employment Law Claims Dismissed by Federal Court

February 14, 2020 | Parks, Chesin & Walbert

There are several types of claims that may be possible in at Atlanta employment discrimination lawsuit. First, the plaintiff may allege that he or she was not hired, was fired, or was not promoted because of his or her race, color, gender, age, or disability. The plaintiff may further allege that he or she made a report of such discrimination and that, as a result, was the victim of some type of unlawful retaliation in the workplace.

It is important to note that the plaintiff has the burden of proof in most types of civil cases, including those involving employment law issues. Thus, it is important for the plaintiff to hire an experienced attorney who can help him or her review the facts, gather evidence, and prepare the case for trial.

Facts of the Case

In a recent case, the plaintiff was an African American woman who worked for the defendant employer from June 2013 to December 2015. During the first few months of her employment, the plaintiff and one co-worker were the only employees in the defendant’s headquarters. The plaintiff, who worked in community relations, reported directly to the other employee. After a while, additional employees were brought into the headquarters, and the plaintiff was given an option to whether to stay in the same department or transfer to a different department. The plaintiff chose to remain in the same role, but, according to the defendant, certain “performance issues” arose, and the plaintiff was terminated from her employment.

Georgia Woman’s Age and Race Discrimination Lawsuit is Dismissed on Summary Judgment, Affirmed on Appeal

February 6, 2020 | Parks, Chesin & Walbert

In most Atlanta employment discrimination lawsuits, the employee and the employer disagree sharply as to why the employer made an adverse employment decision, such as terminating, not hiring, or not promoting the employee. The employee believes the decision was based on an unlawful discriminatory reason, such as his or her age or race, while the employer may offer legally legitimate reasons for its actions, arguing that another candidate was more qualified, or the employee had a history of misconduct in the workplace. The courts are charged with deciding, based on the evidence offered by the respective parties, which version of events is more credible.

Facts of the Case

The plaintiff in a recent case was a white female who filed suit against the defendants, a county and the county’s school district, alleging that the school district had wrongfully refused to hire her as an assistant principal on account of her race and her age. The plaintiff had served as the dean of students at a charter school in the defendant county from 2013 until late 2014, when the school district abolished the plaintiff’s dean position and, in its place, created an assistant principal job. The plaintiff applied for the job of assistant principal, but she was not hired. Instead, a younger, African American woman was hired as assistant principal, and the plaintiff was transferred to a middle school art teacher job.

The school district filed a motion for summary judgment. The United States District Court for the Middle District of Georgia granted the defendant’s motion and entered summary judgment in its favor as to the plaintiff’s claims under Title VII of the Civil Rights Act of 1964, as well as her age discrimination claims. The plaintiff sought appellate review of the district court’s decision.