Employment Discrimination

Georgia Woman’s Retaliatory Discharge Case Against Employer Her Fired Her Husband is Dismissed on Summary Judgment

October 23, 2019 | Parks, Chesin & Walbert

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 charge or participation in the investigation of an allegedly unlawful employment practice).

In many Atlanta retaliatory discharge cases, the employer is quick to file a motion alleging that the plaintiff cannot provide adequate evidence to support his or her claim. In order to survive such a motion, the plaintiff must be able to show that he or she participated in an activity that was protected by law, that there was a materially adverse employment action against him or her, and that there was a causal connection between the activity and the adverse action.

Facts of the Case

The plaintiff in a recent employment law case was a woman who was terminated from the defendant company’s employment in 2017. She filed multiple charges with the Equal Employment Opportunity Commission and was issued a notice of suit rights a few months thereafter. The gravamen of the plaintiff’s complaint was that the defendant had fired her in retaliation for her husband reporting that the defendant had allegedly discriminated against an attractive female job applicant who came into the defendant’s office in what some workers characterized as unprofessional attire. (The plaintiff’s husband was also employed by the defendant employer during the relevant time period.)

Summary Judgment Granted to Defendant in Georgia Man’s Race, Color, Gender, and Religious Employment Discrimination Lawsuit

October 17, 2019 | Parks, Chesin & Walbert

When someone files an Atlanta employment discrimination lawsuit based on an alleged act of race, color, gender, or religion in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, he or she must be able to establish that the defendant employer discriminated against him or her in the terms and conditions of his or her employment and that the plaintiff’s race, color, religion, or sex was a motivating factor in the defendant’s decision(s) concerning the plaintiff’s employment.

Motions for summary judgment are often filed by the defendant in employment discrimination lawsuits. If summary judgment is granted, all or part of the plaintiff’s claims are dismissed. If the motion is denied, the plaintiff’s case proceeds toward trial.

Facts of the Case

In a recent federal case, the plaintiff was a 56-year-old, dark-skinned, black Christian male who alleged that he had been the victim of unlawful employment discrimination and that he had been retaliated against for complaining about this unlawful discrimination. He filed suit against the defendant employer in the United States District Court for the Middle District of Georgia, Columbus Department, seeking legal redress for the defendant’s failure to pay him for three day of work that he missed while he was on jury duty even though it paid a black woman for her time on jury duty; his supervisor’s failure to grant him religious accommodations on Sundays; certain “negative comments” by his supervisor following his complaint to the Equal Employment Opportunity Commission; and his termination the following month.

Georgia Poultry Farm Granted Summary Judgment in Legally Blind Job Applicant’s ADA Suit

October 9, 2019 | Parks, Chesin & Walbert

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 that he or she is disabled, is a qualified individual, and was subjected to unlawful discrimination due to his or her disability.

If you believe that you have a claim under the Act, you should talk to an Atlanta disability discrimination attorney about filing a claim. There are time limits in such cases, and it is important that you assert your legal rights in a timely fashion.

Federal Court Says Georgia Worker Termination Was Not Merely Pretextual, Thereby Dismissing His Race Discrimination Suit

September 23, 2019 | Parks, Chesin & Walbert

In an Atlanta race discrimination lawsuit, the initial burden of proving wrongful conduct – such as a termination allegedly based on race or color – rests on the plaintiff.

If the plaintiff makes an acceptable showing of discrimination, the defendant is then given an opportunity to argue that the plaintiff’s termination (or other adverse employment action) was based on a legitimate reason rather than on the employee’s race, color, gender, age, etc.

When an employer offers what appears to be a legitimate reason for its conduct towards the employee, the burden then shifts back to the employee to show that the employer’s purported reason for its action was merely pretextual.

Georgia Woman’s Gender Discrimination Claim Survives Motion to Dismiss in Federal Court

September 16, 2019 | Parks, Chesin & Walbert

No one should have to put up with discriminatory treatment in the workplace. After all, it’s 2019, and laws have been on the books for decades that protect workers from racial, gender, and age discrimination. Still, unlawful discrimination happens every day, sometimes culminating in an Atlanta employment discrimination lawsuit.

Of course, those who engage in such shameful conduct are rarely, if ever, willing to admit that they have done wrong. Instead, they make every effort to see that a plaintiff’s claims are dismissed by the courts. Fortunately, judges tend to see things differently, and many ill-advised motions to dismiss are met with a denial, either in whole or in part, by the trial court.

Facts of the Case

In a recent case, the plaintiff was a woman who worked for the defendant manufacturing company from 2015 to 2018. She claimed that she was subjected to multiple instances of gender discrimination at the hands of the defendant supervisor during that time. Some of this conduct was verbal (such as calling her “stupid,” “slow,” and “ignorant”), but there were instances in which the supervisor’s actions physically harmed the plaintiff. After multiple complaints to human resources failed to remedy the situation, the plaintiff quit her job and filed a charge with the Equal Employment Opportunity Commission.

Georgia Teacher’s Employment Discrimination Claims Dismissed by Federal Court

August 30, 2019 | Parks, Chesin & Walbert

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 or not this is so revolves largely around the issue of whether there is anything that needs to be resolved by a jury as the trier of fact.

If the parties agree to the basic facts, the court may decide that summary judgment is appropriate. (It should be noted that both plaintiffs and defendants can file a motion for summary judgment, although the maneuver is much more common among defendants).

Georgia Police Officer’s Employment Discrimination Claims Should Have Survived Summary Judgment

August 22, 2019 | Parks, Chesin & Walbert

When a veteran employee is suddenly let go from a job, it is not unusual for him or her to at least consider the possibility of filing an Atlanta employment discrimination claim. This is especially so if the employee believes that he or she was unlawfully let go based on a disability or because of his or her age, race, gender, or religion.

Those who think they may have an employment discrimination claim should talk to an attorney as soon as possible, as there are deadlines in such cases that, if not complied with, may result in dismissal of the employee’s claims when they are eventually filed.

Facts of the Case

In a recent case, the plaintiff was a female African-American police detective who was abruptly terminated by the defendant city after 10 years of service. The chief of police of the city was also named as a defendant in the suit. The “ostensible reason” for the termination was that the plaintiff was absent without leave. However, the defendant had, only a few days prior to the termination, placed the plaintiff on indefinite administrative leave pending resolution of the issue of whether or not she could safely be subjected to a Taser Shock or exposed to pepper spray, given her physical condition (she suffered a heart attack in 2009).

Federal Court Narrows Employment Discrimination Claims in Georgia Man’s Suit Against Employer

August 8, 2019 | Parks, Chesin & Walbert

In an Atlanta employment discrimination lawsuit, a plaintiff may have several potential claims. Some of these may be claims under federal law, and some may be state law claims. In some situations, the defendants may include both a corporate or government employer and one or more individuals.

It is not unusual for some or all of the defendants in an employment discrimination or retaliation case to seek dismissal of the claims pending them prior to trial. It is up to the trial court to determine which claims are viable if such a motion is filed.

Facts of the Case

In a recent case, the plaintiff was a civilian employee of the United States Army. In his suit against the Secretary of the Army, his former supervisor, and the deputy garrison commander, the plaintiff alleged that he had been subjected to unlawful employment discrimination due to his gender, age, national origin, and disabilities and that he had been retaliated against due to his complaints of unlawful discrimination. He sought legal redress under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e – 2000e17; Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 – 12117; the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634; and Georgia state law.
Continue reading ›

Federal Court Dismisses Atlanta Woman’s Race Discrimination and FMLA Claims

July 28, 2019 | Parks, Chesin & Walbert

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 of such a claim, namely, that the burden of proof is on the plaintiff to proof his or her case. This is not always easy, as most employers deny that any discrimination actually occurred.

Instead, the employer will likely point the finger at the plaintiff, blaming him or her for creating a situation that led to the dismissal, demotion, or failure to promote about which the employee complains.

Georgia Woman’s Suit Against Employer Was Not Judicially Estopped for Failure to Disclose Potential Claim in Bankruptcy Proceeding

July 23, 2019 | Parks, Chesin & Walbert

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 is experienced in handling litigation between employees and their current, former, or potential employers can help steer you through the complex process of asserting your legal rights.

Sometimes, an employee may have more than one claim, or an employment-related claim may affect other, pending litigation. Hence, it is important to let your attorney know about litigation to which you may be a current or potential party.

Facts of the Case

In a recent case, the plaintiff was a woman who sent ante litem notice of a whistleblower claim to the defendant county in August 2016, informing it of a claim that may have arisen as early as September 2015 pertaining to alleged retaliation and demotion for her refusal to succumb to the demands of a certain county commissioner to use an amphitheater (which she managed, on the county’s behalf) for his private gain. Her lawsuit followed a few weeks thereafter. Meanwhile, the plaintiff’s Chapter 13 bankruptcy (which she filed in 2014) was proceeding in federal court.
Continue reading ›