Employment Discrimination Blog

The Georgia Whistleblower Act (O.C.G.A. §45-1-4) was enacted to promote honesty and transparency in local and state government. This law protects any public employee who files a complaint or discloses any activity "constituting fraud, waste, and abuse in or relating to any state programs or operations" from retaliation. Retaliation may include suspension, demotion or a decrease in salary.

A highly publicized case decided earlier this month has placed the spotlight on this important statute and its necessity to protect public employees throughout Georgia. The lawsuit was brought by former Executive Secretary of the Georgia State Ethics Commission, Stacey Kalbermann who claimed she took a salary cut of $35,000 (roughly 1/3 of her annual salary) and had her deputy’s position eliminated after she expressed her plan to issue subpoenas in the investigation of Governor Nathan Deal's 2010 campaign. The defense argued that the Commission was facing major budget issues and the personnel cuts were necessary, and were not made in response to her investigation efforts into the gubernatorial campaign.

After just a few hours of deliberation, a Fulton County jury ruled in Kalbermann’s favor, ordering the state to pay the plaintiff 700,000 in damages for their retaliatory actions which ultimately forced her from her job. It's important to note that the $700,000 judgment does not include back pay or attorney fees which the state will likely be responsible for; the ruling may easily exceed one million dollars. Sherilyn Streicker, Kalbermann’s former deputy, who was relieved of her duties following the subpoena request, has followed a separate wrongful termination suit against the Commission.

The Whistleblower Act was developed to protect public employees who help to identify and expose unethical activities in government. Provided these activities are reported in an appropriate fashion to either a supervisor or governmental agency, these employees are protected by law. While this particular act only applies to public employees in Georgia, there are federal protections under the Occupational Safety and Health Act for employees of certain industries where the health and safety of the public may be at stake.

If you think you have been wrongfully terminated or unfairly retaliated against in your workplace, it’s important that you contact an experienced employment law firm. The attorneys of Pankey & Horlock, LLC have assisted employees in Atlanta and throughout Georgia with complex employment discrimination and wrongful termination matters. Call 770-670-6250 to schedule a consultation and learn more about your options for recovery.

Workers in Georgia's greater Atlanta area and beyond are more aware of their rights than ever before due to a variety of reasons. Not only are employees keeping updated on the laws surrounding the hiring, firing and payment of workers, but they are taking action on the perceived wrongdoings of employers by filing an increasing number of wage-and-hour and employment discrimination lawsuits than in previous years. According to the annual Workplace Class Action Litigation Report, the number of wage and hour lawsuits increased 10-percent in just one year, from 2012 to 2013, and workplace discrimination cases have been on the rise over the last couple of years as well.

Here are some facts and ideas that may account for the increase in employment law-related suits:

• It's likely that the economic recession and early recuperation period have led employers to divide work up among fewer employees, which could potentially led to increased workplace stress and lower worker morale in general- all of which may be causing employees to second-guess their employer's pay practices. Keeping informed on your employer's wage and hour policies is a smart move, particularly if you suspect that you are not being compensated appropriately.
• Federal and state wage and hour laws and regulations are complex, so an employer's honest mistake may cause workers to think they're being cheated out of pay. However, the truth behind an unintended pay or discrimination allegation doesn't always come to light before a lawsuit is filed.
• The US economy is in a better state than before, which could tempt employees and their counsel to sue emerging businesses in good financial standing.
• A rising number of lawyers are considering taking on employee discrimination and wage and hour claims because of the amplified success of these cases in the favor of the employee as of late.
• Employees workers have more access to the world around them than ever before through social media, therefore workers have the chance to learn about all of the employment law related cases in the media, which may make them more confident and willing to file a suit.

Back in 2011, the New York Times reported that accusations of workplace discrimination rose to 99,922 in one year, from 93,277 the previous year, which represents an increase of 7.2 percent- the highest level of new discrimination cases ever recorded.

If you have been wrongfully terminated or victimized by unlawful business practices, the employment discrimination and civil rights attorneys of Altanta's Pankey & Horlock, LLC will work with you to ensure that you receive fair compensation. Contact us at 770-670-6250 for guidance, or fill out this form for a free case evaluation.

Georgia House Bill 1023 echoes the sentiments of a bill recently passed by Arizona government that allows businesses, individuals and other entities the right to discriminate against gay people.

The bill essentially gives people and businesses the power to act on their own personal prejudices without incurring any consequences. It exempts them from any government action or legal proceeding that "directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or that directly or indirectly pressures any person to engage in any action contrary to that person's exercise of religion."

Due to the broadness of the language therein, the passing of this bill could result in a variety of negative after-effects, as it would permit those who discriminate with a way to escape any legal repercussions for their actions if they can somehow relate the situation to religion.

"The Preservation of Religious Freedom Act," was introduced last week in the Georgia House. Both the house (HB 1023) and Senate version, SB 377, would affirm the “right to act or refuse to act in a manner substantially motivated by a sincerely held religious tenet or belief whether or not the exercise is compulsory or a central part or requirement of the person’s religious tenets or beliefs. Where those beliefs conflict with local, state or federal law, the government would have to prove that the law is meant to pursue a “a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.”

Georgia state law doesn't include a ban on discrimination on the basis of sexual orientation. However, the city of Atlanta does have regulations which would be affected by this bill, as LGBT rights activists fear the proposed bill could essentially overwrite the existing ordinances.

The possible consequences the passing of this bill may inflict on the rights of individuals in Georgia and elsewhere scares associations like The Anti-Defamation League. Among their concerns: "it would allow law enforcement to refuse assignments that they find religiously offensive such as assisting or guarding a religious institution of a different faith, a pharmacy that sells prescription contraception, a liquor store, a butcher shop selling pork or beef,  or a casino"

Another concern: "It would allow public hospital employees including physicians, nurses, or administrators to refuse to assist patients, even on an emergency basis, or process any paper work that they find to be religiously offensive such as in-vitro fertilization, blood transfusions or psychiatric care."

Lastly, "It would allow any public employee adhering to an extremist religion, including Nation of Islam, Christian Identity, or Odinism to refuse providing service to an Asian, White, Black, Jewish or Hispanic person."

This month, an out of state company paid $135,000 to a customer service representative of its telemarketing unit in Kennesaw, Ga, to settle a disability discrimination lawsuit with the Equal Employment Opportunity Commission.

The company has denied any wrong doing while agreeing to the consent decree that also expects them to implement equal employment opportunity training and report and post anti-discriminatory notices.

The case was filed by an employee who was diagnosed with bipolar disorder and depression. She went on leave and wanted to extend her leave for additional treatment. Instead of being granted leave, she was fired.
This employee filed a suit against the company based on the Americans with Disabilities Act that states that employees cannot be discriminated against because of physical or mental disabilities. In such cases the onus is on the employer to make reasonable accommodations to enable the employee to carry out their functional duties. Such accommodations can include restructuring jobs, reassigning tasks, providing access facilities, modifying schedules, and redesigning tests.

In this case, the employer was unwilling to modify schedules to accommodate the employee’s need for additional leave.

Employment discrimination based on age, gender, or disabilities is prohibited in Georgia as well as under federal laws. In the state, such discrimination is covered by the Georgia Equal Employment for People with Disabilities Code and other related laws. While the federal law against discrimination of people with disabilities is part of the American with Disabilities Act, the actual enforcement authority is the Equal Employment Opportunity Commission.

The Act clearly forbids discrimination on the basis of disabilities. However, there are certain phrases that provide scope for interpretation. For instance, the act mentions major life functions and major bodily functions. As such while a blind person is clearly disabled since they cannot perform a major life function – seeing, someone with partial vision problems will need legal help proving that they have a disability. The law requires that the disability “substantially limits” bodily functions such as digestion, immune system, the brain, and so on.

Someone’s eyes do not fall underneath these categories. The law against employment discrimination because of disability covers not just termination of employment but also wage discrimination, discrimination at the recruitment stage, and refusal to make reasonable accommodations. If someone is willing to complete the work at their home but cannot and perhaps should not be in the work place all day long as the rest of the employees are, they should be allowed to perform or given a home based opportunity if they want it.

If the work standards and productivity is maintained, an employer does not have too much to lose and the person with the disability can still be a productive member of society. It seems the Company is an ideal example here.

When a person feels that they have been discriminated against by their employer because of their disability, they should consult a disability lawyer to ensure that their rights are protected.

A recent article published by the Atlanta Journal Constitution reveals the alarming rate at which workplace discrimination and sexual harassment claims are dismissed by Georgia courts. According to research of cases filed in 2011 and 2012, close to 80 percent of cases in the Atlanta area were dismissed prior to trial, a steep increase from the already too-high nationwide dismissal rate of 70 percent. Most of these cases fail under Georgia’s summary judgment rules, which require a court to dismiss a case if the case lacks a genuine dispute of a material fact. This common problem plagues employment discrimination cases as they are notoriously difficult to prove.

Possible Reasons for Dismissal Rates in GA

There are a number of possible explanations for the high dismissal rates, namely the aforementioned issue of lack of evidence. In order to prevail in a Georgia employment discrimination case, your attorney must prove that you were terminated, demoted or otherwise treated negatively in the workplace based on one of the protected classes – which include race, national origin, sex, age, disability, pregnancy, color, religion or history of bankruptcy. As Georgia is an employment at-will state, an employer can rebut a discrimination claim by asserting the negative employment decision was made for any other non-discriminatory reason, or no reason at all. By working with an experienced discrimination attorney, you stand a better chance of gathering the evidence you need to advance your claim of discrimination, even if the claim itself proves to be an uphill battle.

While many proponents of anti-discrimination in the workplace criticize the Atlanta court system for its seemingly apathetic approach to discrimination lawsuits, attorneys familiar with employer defense herald the statistics as an appropriate measure of the sheer volume of frivolous lawsuits passing through the federal and state systems. However, it is difficult to conceive how a case can be truly deemed meritless prior to its being heard before a judge a jury.

Contact a reputable and experienced Georgia employment discrimination attorney today

We are dedicated to helping our clients seek justice against their discriminatory employers. We urge you not to be dissuaded by these statistics and encourage you to speak to one of our lawyers today. 

As an employee in the Georgia workforce, you are protected by certain state and federal laws prohibiting discrimination, harassment and wrongful termination. If you believe you are being subjected to unfair and unlawful treatment at your job, you have a number of legal options against your employer – all of which offer you additional protection against retaliation by your boss. If you decide to pursue a complaint, you will in most cases launch your initial complaint with the federal Equal Employment Opportunity Commission. From there, you can pursue a private lawsuit under Georgia and federal law with the help of an employment discrimination attorney.

Georgia’s Prohibitions Against Workplace Discrimination

To prevail in a discrimination action, you must belong to a protected category of people. The following lists the protected categories under Georgia law, which borrows many of its protections from federal laws. An employment discrimination suit may be based on any of the following:

• Age: It is unlawful to discriminate against any worker aged 40 years or older. Georgia laws impose possible misdemeanor criminal charges against any employer discriminating against workers between ages 40 and 70.

• Bankruptcy: An employer may not make a detrimental employment decision against any worker based on that worker’s decision to file bankruptcy.

• Disability: Disability laws are covered by the Americans With Disabilities Act (ADA) and the Georgia Equal Employment for People with Disabilities Code. An employer is required to make a reasonable accommodation for a disabled individual, unless the proposed accommodation would cause the employer extreme expense or difficulty.

• Equal Pay: An employer must pay men and women equally who are performing the same job.

• Pregnancy: Employers are forbidden from discriminating against a woman based on childbirth, pregnancy and related medical conditions.

• Race, Color, Religion, Sex or National Origin: Federal law has long-held it unlawful to discriminate against any worker based on these factors. These laws are based on the Civil Rights Act of 1964.

Harassment in the Workplace in Georgia

Harassment in the workplace is an intolerable violation of your rights as an employee. Federal and Georgia laws prohibit any unwelcome conduct “based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” The conduct must be continuous in nature and severe enough to cause a reasonable person distress and discomfort. This type of conduct could include offensive jokes, emails, name calling, assaults, threats of violence, intimidation, ridicule or offensive objects and pictures.

Wrongful Termination in Georgia

If you find yourself out of a job and believe it is based on any of the above-listed characteristics, you may have a cause of action for wrongful termination. Keep in mind, however, that Georgia is an employment-at-will state. This means that an employer can fire you for any reason or no reason at all – provided the reason is not discriminatory in nature.

If you are experiencing wrongful conduct at your workplace, or were recently fired for possible discriminatory reasons, contact a GA employment discrimination attorney for consultation today.

The latest annual survey of American Workers and religion by the Tanenbaum Center for Religious Understanding has found that discrimination against Christians, the majority faith in the United States, is becoming increasingly widespread.

The report accompanying the survey implied that business managers have witnessed a rise in religion-related conflicts, including harassment and lack of special religious accommodations as the workforce has become more diverse.

The survey was conducted with more than 2000 adults and found that about a third reported either witnessing or experiencing religious bias.  Roughly another third report some form of failure to make special accommodation such as allowing religious clothing, beards, allowing time off on Sabbath and holidays as well as providing a venue for prayer and meditation.

Nearly half of non-Christian respondents reported witnessing or experiencing managements' failure to make accommodations at work.   A slight majority of all workers stated that Muslims face greater levels of discrimination, not just in comparison to other religious groups, but including gays and lesbians, racial minorities and women.

According to the Equal Employment Opportunity Commission (EEOC), since 2001, almost a quarter of all complaints it has investigated involve bias against Muslims, even though they comprise less than 2 percent of the United States population.   Further, discrimination is no longer dominated by issues surrounding dress codes, but has become more personal, in form of name calling and offensive jokes against Muslims.  While this discrimination against Muslims is not systematic in nature, it is prevalent between employees and at times between employees and supervisors.

Almost half of white Evangelical Christians have also suffered discrimination, with respondents finding themselves victims of rumors and gossip in the workplace.   Recent debates about the rights of gay, lesbians, bisexuals and transgender individuals have heightened conflict between such workers and devout Christians who may consider same-sex relations to be sinful.

 If you find yourself in a hostile work environment, because of your religion or any other improper  discrimination, contact our Georgia employment discrimination attorneys today for a consultation. 

What You Need to Know Regarding Employment Termination and Workplace Retaliation

Most workers with a family, a mortgage or other obligations prefer “permanent” employment to contract or temporary employment because of the security it provides. This is ironic, though, because employers can dismiss even “permanent” employees at any time and without cause. Employers’ right to fire employees transcends reasons pertaining to employee competency and employer finances and means that all of the following scenarios are legal in Georgia in most instances:

• Termination due to an issue as simple as a single dress code violation
• Termination because an owner or manager doesn’t “like” an employee
• Instant termination without any reason provided whatsoever

Though employees enjoy few rights regarding random, sudden and even vindictive termination, they do possess numerous and strong rights regarding employment discrimination. Specifically, employees in Georgia are protected from discrimination due to:

• Race, national origin and religion
• Disability
• Gender (including pregnancy status and issues relating to childbirth and pregnancy-related medical conditions)
• Age

Employees’ Legal Protections Don’t Just Apply to Termination

In regard to discrimination, limits to employers’ freedom don’t stop at employee firings. In regard to discrimination, Georgia’s employers must also follow strict laws regarding Employee promotions and demotions, employee pay, including overtime pay and employee classification, i.e. exempt vs. non exempt and retaliation.

This means that employees cannot fail to promote an individual due to his or her race, gender or other protected status. It also means that, for instance, employers must take care not to “group” individuals of similar race or ethnicity, then fail to pay them overtime (a common occurrence of this type of violation is the unequal treatment of immigrant restaurant and warehouse workers and other unskilled workers). Additionally, employers are forbidden to retaliate against individuals who report a potential instance of employment discrimination by withholding a promotion or demoting or terminating the individual.

What to Do If You Suspect You or Another Were the Victim of Employment Discrimination

By definition, employment discrimination involves loss. The loss of a job. The loss of advancement or status. The loss of pay. Federal and state employment laws are designed in part to assist the victims of employment discrimination to obtain a fair outcome as well as financial compensation for their loss. These can be provided in the form of:

• Job reinstatement (including fully reinstated seniority)
• Back pay for lost wages and benefits 
• Compensatory damages for out-of-pocket losses, future losses and mental anguish 
• Punitive damages if it can be demonstrated that an employer acted out of malice or reckless indifference
• Attorneys' fees, court costs and court fees

The first step in a successful employment discrimination lawsuit is the filing of the claim. A formal complaint, known as a “charge of discrimination,” must be filed with the U.S. Equal Employment Opportunity Commission. Once this is accomplished, the employee can file an employment discrimination lawsuit in court. The charge of discrimination must be filed within 180 days of the first instance of discrimination or retaliation. To learn more about your legal rights under federal and Georgia State employment laws, contact an experienced employment law attorney.

Federal and Georgia laws pertaining to employment discrimination are intended to be fair, intuitive and easy to understand. Yet, often, employers make mistakes when managing issues relating to employees’ illnesses, disabilities and religious rights, and even employees’ gender and race. Employees, too, often fail to understand their full rights when involved in employer/employee disputes regarding possible discrimination. The seriousness and frequency of employment discrimination in Georgia is evidenced by cases described by the American Civil Liberties Union’s website; it discusses recent cases in Georgia involving:

• Employees’ right to work while living with such diseases as AIDS and epilepsy
• Muslim employees’ right to wear a religious headscarf while at work
• Employers’ obligations when a customer makes a racially motivated request
• Laws protecting whites and males when an employer seeks to increase the diversity of its workforce
• Employees’ rights to religious conversion
• Pre-employment credit checks and racial profiling
• Veterans’ employment rights, including the rights of veterans suffering from post-traumatic stress disorder
• Workplace bullying combined with discrimination
• Employers’ failures to promote individuals with diabetes and other diseases
• Obesity, age, race- and gender-related activism and numerous other areas and issues

What Constitutes Employment Discrimination in Georgia?

If you are an employer or employee in the state of Georgia, it’s important to remain up to date and knowledgeable about your legal rights and obligations. A good start includes an understanding that, in our state, it’s illegal to discriminate on the basis of age, religion, disability, race, ethnicity, national origin and gender. Employment discrimination relating to these protected categories usually involves:

• Firing/termination
• Promotions, compensation and benefits
• Hiring practices
• Work environment
• Disability leave, maternity leave and retirement options
• Lay offs

In What Instances Is Discrimination Not Discrimination?

It may be helpful to understand discrimination that is perfectly legal. Though it may seem objectionable, employers in Georgia are perfectly within their rights to fire you, deny you a raise or promotion or reduce your pay based on:

• Your bankruptcy history (though some courts have ruled that, while current employers can discriminate against employees based on bankruptcy, potential employers cannot)
• Your political views
• Your appearance
• Nepotism (meaning favoring someone who is related to someone over someone who is not)
• Your credit history

Overlap between what is legal and what is not is common. For instance, an employer can discriminate against you because you are overweight, but may not be able to legally do so if your weight is linked to a disease. Your employer can discriminate against you because you dress badly, but your employer may be breaking the law if it has a dress code for women but not for men. And while you can be fired for your political views, if your political views are tied to working conditions or another issue involving employment law, your may be protected from discrimination. To be sure of your obligations and rights regarding employment law in Georgia, the best move is to contact an experienced employment law attorney. 

Employment law in Georgia and the U.S. as a whole is highly complex, so it’s understandable that employees most often have only a generalized understanding of their rights. Questions and comments such as  “That’s illegal”, “I wish they’d handled this differently” and “Can they do that?” are regularly heard on the job. Accurate and detailed information, though, is needed to fully understand whether one’s legal rights have truly been violated. 

One area of employment law that involves frequent legal violations is discrimination law. This is because U.S. law clearly states that employees must be treated equally and fairly in regard to their:

• Race
• Gender
• Age 
• Religion
• Disability
• National origin
• Personal bankruptcy history

Other classes of people that are protected from employment discrimination in many jurisdictions include gays and lesbians, the unemployed and people living with HIV/AIDS; people are also protected from discrimination due to marital status in many locales. 

What Employer Actions Are Barred and Mandated Via Anti-Discrimination Laws?

In many jurisdictions, employers can fire employees because of body piercings, hair styles, style of dress and countless other issues that may seem highly irrelevant to job performance. Employers cannot, however, treat employees differently just because they are a man or a woman, because they’re “too old”, because they’re from a specific country, because they’re black, white, Asian or another race, or because they’re disabled. They also can’t treat an employee differently because he or she has at any point in life filed for bankruptcy. Specific actions employers are barred from under anti-discrimination laws include:

• Firings/termination
• Failing to provide fair job and shift assignments
• Harassment
• Failing to compensate equally
• Limiting advancement opportunities
• Failing to pay overtime pay
• Failing to allow rest and lunch breaks

What Does a Typical Successful Discrimination Lawsuit Look Like?

When possible discrimination occurs in the workplace, it’s important stop guessing whether a legal violation occurred and to seek legal help. 

Discrimination can occur overtly or covertly. An overt action may involve an employer stating that an older individual is being demoted to “make way for young, fresh ideas”. Another example of overt discrimination is a demand for sexual favors in exchange for a promotion or continued employment. Covert discrimination could include long-term failure to promote a female or minority individual despite a demonstrable ability and stated desire to advance. 

Either way, it makes sense to contact an experienced employment law attorney for counsel. An employment law attorney can:

• Meet with you to discuss your concerns
• Condct an investigation to determine whether discrimination occurred
• Determine the extent of your loss
• Negotiate and litigate with your employer for the financial compensation you deserve and are legally owed

Without legal assistance, your employer will likely be unwilling to admit that discrimination occurred or to offer compensation. If your employer is willing to settle a claim without the involvement of an anti-discrimination attorney, it may be doing so to avoid a larger payout down the road. By working with an experienced and knowledgeable attorney, you can help ensure a fair outcome and, hopefully, the prevention of further discrimination. 

Poulan Pecan will pay $500 in civil penalties, according to the U.S. Department of Justice.  The fines are related to the Justice Department’s charge that Poulan Pecan illegally discriminated against work-authorized immigrant workers during the hiring and screening process.  As part of the settlement agreement, Poulan Pecan has also agreed to a year-long monitoring program by the Justice Department of its hiring and screening processes.

The Department of Justice claimed that the Georgia pecan supplier required immigrants to submit more documentation before they could be hired than it required of potential employees who were U.S. citizens.  According to the Justice Department, this policy and practice violates the anti-discrimination provisions of the Immigration and Nationality Act.

The Department of Justice began its investigation in 2012, after an individual called a Justice Department hotline with questions about the legality of the company’s actions when she applied for a job.  The Justice Department’s investigation revealed that the pecan-producing company asked immigrant applicants to supply specific work-authorization documents, as well as more authorization documents, that it asked of U.S. citizen applicants.

Poulan Pecan settled the case before the Justice Department filed a formal complaint.  Gregory Friel, a deputy assistant attorney general for the Civil Rights Division, said, “Individuals should be treated equally during the employment eligibility verification process.  This means not placing additional requirements, documentary or otherwise, on individuals based on their citizenship status.”

How to Hire Immigrants Without Violating Anti-Discrimination Laws

The Immigration and Naturalization Act covers all U.S. employers with three or more employees.  Here are some examples of hiring and screening practices that would violate the anti-discrimination provisions of the Immigration and Naturalization Act, according to the website of the Civil Rights Division of the Department of Justice:

• Refusing to accommodate an applicant’s disability when completing the I-9 (Employment Eligibility Verification Form)
• Refusing to accept valid and proper documentation in support of the I-9 form
• Refusing to allow an employee to start work because he or she doesn’t have documentation on the first day (three days are allowed)
• Refusing to hire a person because he or she is not a U.S. citizen, even though the person has work authorization
• Refusing to hire a person because he or she “sounds foreign”
• Having “citizen-only” and “green-card only” policies, unless they are required in your industry by law or regulation
• Refusing to hire an immigrant, such as a refugee, because his or her work authorization contains an expiration date
• Rejecting work authorization documents that appear on their face to be genuine
• Denying the applicant the choice of which acceptable documents to present to satisfy the requirements of the I-9
• Intimidating or retaliating against an employee or job applicant because that person has filed a discrimination charge, intends to file a charge, or has helped the Justice Department or Equal Employment Opportunity Commission with an investigation or other proceeding