Employment Discrimination

With a shortage of workers in the workforce, more people are working longer hours than before. Unfortunately, not all of them are being compensated for their work.

Under the Fair Labor Standards Act, employees are entitled to overtime pay. However, this is not true for independent contractors. In order to prove that you are an employee and are entitled to overtime pay, you must use what is called the “economic reality test.

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Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. In Bostock v. Clayton County, the Supreme Court of the United States was asked to rule on the issue of whether “sex” included protections based on an employee’s sexual orientation or gender identity.

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There is no room for discrimination in the workplace. People should not live in fear that acts of discrimination will jeopardize their job opportunities or opportunities at a current job. That is why federal laws are in place that provide protections for workers from discriminatory acts when it comes to aspects of employment.
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Can I be fired if I refuse to work without adequate personal protective gear?

While many of us have settled into the routine of working from home during the coronavirus pandemic, millions of other Americans continue to go to work everyday to ensure the medical, safety, and essential needs like food, electric, and water, are met around the country. Essential workers are everyday heroes during the pandemic, critical to our survival and well-being. As essential workers put themselves on the frontlines, they deserve to be protected in the best way possible. However, employees of some companies and industries are reporting that their safety is being compromised.

Alarming reports have emerged of workers being fired due to raising safety concerns.
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Do I have to answer work emails at home?

Technology today has made some jobs far easier, while other jobs have become more stressful with the elimination between work and home. Our ever-connected world allows employers to reach employees at all times of the day and night. This seeming 24/7 availability puts much strain on employees, leaving them feeling that there is no “off” time. In an effort to improve employee’s mental state, some countries and companies have created “right to disconnect” laws that give employees the right to ignore work calls and emails after hours. Our Read more . . .

Many types of behavior that used to be acceptable in the workplace are now recognized as illegal as well as intolerable. Laughing at, bullying, or discriminating against those you work with is no longer considered an unavoidable aspect of some workplace environments. Today, a great many workers are rising up, with the assistance of committed, well-schooled employment discrimination attorneys, to defend themselves in court against the painful treatment they used to feel they had to endure in order to keep their jobs.

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Why Do U.S. Employers Tend to Discriminate Against Latino Male Applicants?

With Latino migrants flocking to the United States and Spain, a new study set out to examine whether potential employees experienced discrimination due to their status as a minority.  This novel study reached some alarming conclusions that highlight the ongoing employment discrimination experienced by Latino migrants both in the U.S.
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Sexual harassment in the workplace can be particularly stressful because it will not only make you feel uncomfortable, but can also place you in fear that your job may be in jeopardy if you do not handle the situation properly. It comes in many forms, but sexual harassment at work creates a toxic environment. Reporting this kind of behavior might make you afraid of what will happen to your employee status, but know that there are legal protections in place to shield you from backlash you may suffer. The Atlanta employment discrimination attorneys at Pankey & Horlock, LLC stand up for employees who have suffered sexual harassment in the workplace.

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Can my employer fire me for being pregnant?

Being pregnant in the workplace can be an unfortunately intimidating time.  Federal law protects pregnant employees from discrimination in the workplace, but nonetheless many pregnant women still report being bullied and fired due to their pregnant status. With about 75 percent of the 72 million women workers in the workforce eventually becoming pregnant, according to the latest Pew Research, pregnancy discrimination is a major national issue.
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Do Georgia employees have any recourse if they are fired for their sexual orientation?

Recently, a federal appeals court in Atlanta reaffirmed its holding that Georgia workers are not protected against workplace discrimination based on their sexual orientation. The decision stemmed from a lawsuit originally filed in 2016. In the suit, Gerald Bostock, a former child welfare services coordinator working near Atlanta, claimed he was fired for being gay. The case garnered significant local and national coverage because it dealt with the complex issue of whether Title VII protects workers from adverse action due to their sexual orientation. Our Read more . . .

Can I sue my employer for pregnancy discrimination?

Pregnancy discrimination is unfortunately a common reality for female employees across the nation.   Roughly 75 percent of the over 72 million women in the workforce will become pregnant at some point.  Congress passed the Pregnancy Discrimination Act (PDA) in 1978 in an effort to eliminate discrimination based on pregnancy in the workplace. While the Act has deterred some abhorrent practices, Read more . . .