Employment Discrimination Blog

What changes could we see to employment laws in the coming years?

Employment law is an evolving, ever changing field.  Employers across the country must stay abreast of the most recent legal changes in order to ensure compliance with state and federal laws.  Our Atlanta management based employment law attorney at Pankey & Horlock, LLC discusses the top employment law issues you need to watch below.
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The Fair Labor Standards Act (FLSA) is a federal law that establishes the national minimum wage, record-keeping requirements, overtime pay obligations, and child labor restrictions. While most states have a state version of this law, the FSLA affects every state throughout the nation. Employers are required to comply with both state and federal wage and employment laws, where they conflict, the federal law will “trump.
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What are my rights under the Equal Pay Act?

Employees in America are protected by numerous federal and state laws against discrimination. One form of discrimination involves paying employees different wages for the same work on the basis of an employee’s sex. While we consider ourselves to be a progressive and forward thinking society, the sad reality is that female employees working full time in the United States continue to earn just 79 cents for every dollar earned by their male counterparts.

Does Title VII protect gay and lesbian people against employment discrimination?

Recently, the 2nd U.S. Circuit Court of Appeals agreed to rehear en banc the case of a skydiving instructor who claims his position was terminated because he was gay.  This New York case dates back to 2010 when Donald Zarda, a skydiving instructor, filed a lawsuit against his former instructor, Altitude Express, Inc.

What is age discrimination and what are my right if I am discriminated against due to my age?

In today’s youth driven society, age discrimination is rampant.  Anyone who is over the age of 40 and hunting for a job should be aware of what constitutes age discrimination and what your legal rights may be if you become the victim of such discrimination. Our Atlanta employment discrimination lawyers at Pankey & Horlock, LLC discuss the complex subject of age discrimination below.
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Is it illegal for an employer to discriminate against an employee based on sexual orientation?

Attorneys representing a Georgia lesbian who claims she was fired for being gay are now asking the 11th Circuit U.S. Court of Appeals to rehear the case en banc.  In the case of Evans v Georgia Regional Hospital, et al., plaintiff Evans states that she worked at Georgia Regional Hospital, where her supervisor targeted her for termination due to her status as a self-described “gay female.
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Employees have certain rights and protections. However, independent contractors have more control over their work and do not have the benefit of many employee protections. Employers sometimes deem workers as independent contractors instead of employees because it is cheaper for them to do so. Independent contractors are not subject to specific laws, including:

• Protection under the Family Medical Leave Act
• Unemployment insurance
• Safe workplace requirements
• Overtime compensation
• Minimum wage and hour restrictions

Many of these benefits are expensive for the employer to maintain. To avoid these extra costs, some employers classify workers as independent contractors even though they should technically be considered employees.
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What behavior constitutes sexual harassment in the workplace?

Sexual harassment is a form of sex or gender discrimination that is illegal in the workplace under Title VII of the Civil Rights Act of 1964.  Sexual harassment can encompass a wide range of behaviors and is not always easy for victims to recognize.  Female and male employees alike should make themselves aware of what constitutes sexual harassment so that they can protect themselves from becoming an unwanted victim of employment discrimination in Georgia.
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As an employee, you may have heard of the notion of “reasonable accommodation” in the workplace. What does this mean exaction? The phrase stems from a body of law which governs the ways in which an employer is required to treat an employee (or potential employee) who has a recognized disability that could impact his or her job performance. Under anti-discrimination laws both in the State of Georgia and federal law, an employer is prohibited from discriminating against an employee or candidate due to the disability. Further, the employer must make accommodations for that employee. However, the employee’s rights are not limitless, and an employer is only required to make accommodations that would not be unreasonably burdensome or create a safety hazard for others.

Does my small business need to have an employee handbook?

Many small business owners think that employee handbooks are only useful for large organizations, but this is not the case. In fact, it is crucial for any business to establish formal rules concerning the employer-employee relationship and the rights and responsibilities of the parties. Ultimately, a formal handbook can protect a business owner in the event of an employee dispute.

What policies should be included in an employee handbook?

Compensation

The first topic to address is employee compensation and whether employees are paid an annual salary, an hourly wage, or commissions. Employees should also be notified when they will be paid, weekly or bi-weekly, although it is customary for sales people to be paid on a monthly basis.

It goes without saying that sexual relationships in the workplace are often an idea worth rethinking – especially in the education setting. In the academic world, Georgia law expressly and unequivocally prohibits consensual sexual relationships between teachers or administrators and students, even if the student is 18. The reason behind these laws is simple: educational authorities possess an unfair, unbalanced power over students, making any sexual relationship inappropriate – and criminal – on its face.
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