Employment Discrimination Blog

What is being done about workplace harassment and discrimination?

The U.S Equal Employment Opportunity Commission (EEOC) recently settled allegations of employment discrimination and retaliation with an independent Baptist church in Douglasville, Georgia.

The case arose after an employee at the King's Way Christian School, operated by King's Way Baptist Church, complained to the school that she was being sexually harassed by the school's pastor and superintendent. Rather than addressing the kindergarten teacher's complaint, the school not only fired her, but also stated she allowed the harassment to occur.

"This case is a good reminder to employers that complaints of discrimination must be treated seriously," said Bernice Williams-Kimbrough, district director of EEOC's Atlanta District Office.

How can our company management avoid discrimination or harassment lawsuits?

With the body of anti-discrimination and anti-harassment laws in place, it is not only prudent, but essential, for companies to take proactive steps to protect themselves from lawsuits that will be costly, both in monetary terms and in terms of reputation. Here are some recommendations about how to shield your company against an onslaught of complaints and possible legal actions. It is important that you find a knowledgeable and experienced attorney who handles management-based employment issues to consult with should such issues arise.
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What are the new Labor Department rules for overtime pay?

In May, the Labor Department announced new rules regarding overtime compensation that will go into effect on December 1, 2016. The federal agency has long-been considering the issue, so the changes to white collar exemptions under the Fair Labor Standards Act came as no surprise.

New Overtime Rule at a Glance

The new rule changes the annual salary threshold for administrative, executive and professional employee from $23,336 ($455/week) to $47,476 ($913/week). The new exemption amount will also be increased every three years starting January 1, 2020, based on a percentage of weekly earnings for full-time salaried employees in certain low-income regions. Highly compensated workers will also be affected by the new rule as their exemption threshold will be increased to $134,004, and workers making this amount will not be eligible for overtime pay.

What are the common wage violations by employers? 

In Georgia, many individuals work hard to make a living and they are entitled to fair pay. Because the state has not enacted wage and hour laws, however, employers are required to pay the federal minimum wage and comply with other provisions of the federal Fair Labor Standards Act.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal law requiring employees to be paid a minimum wage of $7.25 per hour and overtime pay for hours workers over 40 hours per week at a rate of time and a half.

Certain employees, however, such as executive, administrative and professionals, are exempt from the overtime requirement.

Under what conditions can I file a lawsuit if I am fired in the state of Georgia?

Like other states across the nation, Georgia is an "at-will" state with respect to employment. This means that workers in the Peachtree State can be fired at any time, for any reason or no reason at all. This is not to say that employees have no rights, however. In fact, state and federal laws protect workers from wrongful termination.

Exceptions to the At-Will Rule

Discrimination

In Georgia, an employer cannot fire an employee for discriminatory reasons.

Can you only hire people with certain physical characteristics to work in your establishment?

When opening a new establishment, it might be your vision that all of the staff conforms to a certain look. This perception, however can cause you a lot of trouble as a business owner.  Laws prohibiting employment discrimination prevent you from making hiring and firing decisions based on the physical characteristics of a potential or current employee. That includes the person’s race. A D.
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Do cinema and TV companies continue to discriminate against African-Americans, women, and the LGBT population?

It is strange to find that, in the so-called "liberal" entertainment industry, discrimination against people because of color, gender, and sexual identity is still rampant. Though it can't be denied that we've come a long way from the days of "black faced" white performers and the frequent portrayals of women and LGBT individuals as caricatures, a new study has exposed enormous discrepancies in employment practices in major media companies.

It's Not Only Oscar Who Discriminates

The concern about gender, race, and ethnicity discrimination in the entertainment industry has been recently brought to the fore by the absence of African-American nominees for the Academy Awards -- for the second straight year. The recent study is even more inflammatory, demonstrating as it does that much of the discrimination takes place behind the scenes. Not only are the actors in movies and television shows misrepresenting the diversity of the population of the U.S., but the entertainment industry as a whole is discriminating against women, minorities and LGBT people in hiring and promotion.

The new study, released Monday by the Media, Diversity and Social Change Initiative at the University of Southern California's Annenberg School for Communication and Journalism provides a broad evaluation of the film and television industries. This evaluation includes an "inclusivity index" of 10 major media companies, including Disney and Netflix, rates every movie studio and most TV studios as failures.

The Actual Statistics

The study, entitled the Comprehensive Annenberg Report on Diversity, examined the 109 films released by major studios (including art film divisions) in 2014, 305 scripted, first-run TV and digital series across 31 networks and streaming services that aired from September 2014 to August 2015.

The study analyzed 11,000 speaking characters for gender racial and ethnic representation and LGBT status. Perhaps even more telling, the study also examined 10,000 writers, directors and TV show creators and the gender of more than 1500 executives. On every level, the industry failed to reflect the diversity of the culture it portrays. From CEOs to bit-parts, the industry is, the study concluded, "still largely whitewashed."

This study scored each film studio according to its percentage of female, minority and LGBT characters, and of female writers and directors. Not one of the six major studies rated better than 20 percent! Time Warner was rated worst, coming in at zero percent. The report concludes that the film industry "still functions as a straight, white, boy's club." Some of these same companies did score higher in terms of television and digital offerings, with Disney and Amazon scoring 65 percent.

While the actor ratios representing diversity were poor, the exclusivity behind the scenes was even more apparent. Film directors were 87 percent white and TV directors were 90.4 percent white. Women may, in some ways, "have come a long way," but just 15.2 percent of directors, 28.9 percent of writers and 22.6 percent of series creators were female. The film gender gap is greatest: Only 3.4 percent of the films studied were directed by women, and only two directors out of the 109 were black women.

Clearly, the old white boys club is still alive and kicking. Hopefully, the publication of this study and the commotion surrounding the Oscars will help to move the entertainment industry in the right direction. Employment discrimination is not acceptable anywhere, least of all in an industry that has prided itself on being diverse and outspoken about civil rights.

If you experience employment discrimination in terms of hiring, compensation, promotion, or termination, or are suffering harassment at the workplace, you should contact a knowledgeable attorney who specializes in the field.

 Georgia is one of 29 states without laws that specifically protect LGBT citizens against discrimination in the workplace.  A gay couple could be married on a Saturday and fired on Monday because the couple’s employers are uncomfortable with their employee’s sexual orientation. In much of the state, this is perfectly legal behavior.

In the city of Atlanta, however, things are different. The Human Rights Campaign, a national advocacy organization that grades the inclusiveness of municipal governments, gave Atlanta a perfect score of 100 in 2013 and 2014, citing its nondiscrimination laws that include protections for sexual orientation and gender identity and its creation of LGBT community liaisons.

Activists intend to push for workplace rights for LGBT state employees during the 2016 legislative session, even though similar legislation has failed to pass in previous sessions. There is reason to suspect that this session might be different, however. There is a change in public opinion and the measure now has 77 cosponsors, 17 of whom are Republicans. Jeff Graham, the executive director of Georgia Equality, which supports the bill, says “if a bill does not have Republican support, it’s not going to pass.” The proposed bill would only affect State employees. Private employers would still be permitted to make employment decisions based on their employees sexual orientation.

Other members of the State legislature are reintroducing measures meant to protect business owners' religious freedom. State Senator Josh McKoon the proposed legislation would protect religious rights against government interference. Critics claim it will give business owners a license to discriminate against minorities. Last March, the bill created much controversy until it was tabled following a contentious hearing. This divisive issue is very much in flux in the state of Georgia.

If you feel that your workplace rights have been violated, you need an experienced attorney who is aware of the changes occurring in our state’s laws to help guide you through the process.

How do anti-retaliation laws apply in the non-profit sector?

It ought to go without saying that an employer cannot discriminate against his or her employee for merely following the law. However, anti-retaliation laws have been yet again challenged in Georgia – and this time, it is the non-profit, tax-exempt sector seeking answers on this pivotal issue.

In a recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the petitioner is seeking damages and restitution following an alleged retaliatory decision by Atlanta’s King’s Way Baptist Church, Inc. According to the complaint, the petitioner was fired from her position as a kindergarten teacher within the church’s Christian school after reporting ongoing sexual harassment at the hands of the church’s lead pastor, who also serves as the chief executive officer of the non-profit corporation.

Allegedly, the pastor engaged in the ongoing practice of inappropriately touching the teacher, followed by veiled threats of adverse treatment if the interactions were reported. From there, the teacher reported the incidents to the church’s governing board, which opted to terminate her position rather than investigate the matter further.

In a statement by the EEOC’s Atlanta office, “[w]hen an employer fires an employee for complaining about sexual harassment, it is only compounding its own culpability and setting itself wide open for charges of retaliation….EEOC is stepping in to defend the rights of this discrimination victim not to be victimized even further. No one should be punished for telling the truth to power if that truth is sexual harassment.”

Pursuant to the lawsuit, the EEOC (on behalf of the teacher) is seeking back pay, punitive damages, and an injunction barring the school from engaging in further retaliatory acts against current or future employees. The lawsuit was filed after attempts to negotiate and settle the matter proved futile.

If you are experiencing workplace discrimination or would like to discuss your rights under state or federal anti-retaliation laws, please contact an experienced discrimination attorney toady!

For years, public and private employers have been permitted to ask potential employees whether they have a criminal record.  This is usually done by asking an applicant to check a box if they have ever been convicted of a crime.  Now, President Obama has banned the box.

When you are applying for a job you may be asked whether you have ever been convicted of a crime.  Why?  Because employers want to do everything they can to ensure that they are hiring a trustworthy individual.  This makes sense from an employer’s perspective, but it may not be in the best interest of a potential employee.    Serving time in jail or prison is supposed to be punitive as well as  rehabilitative.  This means that it should prepare the person to live a crime-free life.  Unfortunately, the stigma attached to being incarcerated is one that employer’s focus on and one that might lead to employment discrimination.

In fact,  65-70% of those who have been released from prison in the last year are unable to find work.  One study found that it is 50% less likely that an individual with a criminal record will land a job as opposed to a person without a criminal record.  Asking applicants to check a box if they have a criminal record enables employers to discriminate at the first juncture in the hiring process.  Removing the box will allow qualified applicants to be considered without their criminal record disqualifying them at the first opportunity.  This is not to say that employers will never be able to inquire about an applicant’s criminal record.  They just must do say at a later stage in the hiring process.

If you have a criminal record and are having a hard time finding a job, a discrimination attorney may be able to help you.

How do anti-retaliation laws apply in the nonprofit sector?

It ought to go without saying that an employer cannot discriminate against his or her employee for merely following the law. However, anti-retaliation laws have been challenged yet again  in Georgia – and this time, it is the nonprofit, tax-exempt sector seeking answers on this pivotal issue.

In a recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the petitioner is seeking damages and restitution following an alleged retaliatory decision by Atlanta’s King’s Way Baptist Church, Inc. According to the complaint, the petitioner was fired from her position as a kindergarten teacher within the church’s Christian school after reporting ongoing sexual harassment at the hands of the church’s lead pastor, who also serves as the chief executive officer of the nonprofit corporation.

Allegedly, the pastor engaged in the ongoing practice of inappropriately touching the teacher, followed by veiled threats of adverse treatment if the interactions were reported. When the teacher reported the incidents to the church’s governing board, the board opted to terminate her position rather than investigate the matter further.

In a statement by the EEOC’s Atlanta office, “[w]hen an employer fires an employee for complaining about sexual harassment, it is only compounding its own culpability and setting itself wide open for charges of retaliation….EEOC is stepping in to defend the rights of this discrimination victim not to be victimized even further. No one should be punished for telling the truth to power if that truth is sexual harassment.”

Pursuant to the lawsuit, the EEOC (on behalf of the teacher) is seeking back pay, punitive damages, and an injunction barring the school from engaging in further retaliatory acts against current or future employees. The lawsuit was filed after attempts to negotiate and settle the matter proved futile.

If you are experiencing workplace discrimination or retaliation it is in your best interests to contact a reputable attorney who specializes in such matters