Employment Law

I am subject to random drug screening at my job. How will Georgia’s new medicinal marijuana law impact my employment? 

In April, 2015, the state of Georgia joined the leagues of other jurisdictions allowing the use of medicinal marijuana by citizens with a documented medical condition. While this will come as a welcome opportunity for the millions suffering from cancer-related pain, glaucoma, and other afflictions, the law has failed to address the plight of those lawful users who are “caught” with a positive drug test by their employer. However, with the help of a dedicated and progressive Atlanta employment law attorney, there may be ways to combat this delicate intersection of medical autonomy and employer rights. 

Under the new law, known as Haleigh’s Hope Act, applicants with a valid underlying medical condition will be able to obtain a permit from their physician for the use of low-potency medicinal marijuana – generally available in the form of cannabis oil. More specifically, the Act allows for the use of marijuana by patients suffering from any of the following conditions: 

• Cancer being treated by chemotherapy, or that has reached end-stage
• Amyotrophic lateral sclerosis
• Epilepsy
• Trauma-related head injuries
• Multiple sclerosis, severe or end-stage
• Parkinson’s disease, severe or end-stage
• Chrohn’s disease
• Mitochondrial disease
• Sickle Cell disease, severe or end-stage

However, despite the seemingly high thresholds imposed by the General Assembly for obtaining a lawful medicinal marijuana card, the Act fails to mention or address the duties of employers in honoring the use of medicinal marijuana, especially if doing so does not impact job performance in any way. This omission creates a distinction between the Georgia law and others, as most other states have artfully drafted their medical marijuana statutes to protect employees from workplace discrimination. 

If you are facing a difficult situation and would like to discuss your options, you may be able to circumvent workplace discrimination under Georgia’s disability protections. More specifically, employers are prohibited from discriminating against workers or engaging in adverse treatment (e.g., termination or demotion) based solely on that employee’s status as a disabled individual. Chances are, an employee meeting the definition of “medical condition” listed above may also meet the ADA definition of “disability,” which is any “physical or mental impairment that substantially limits one or more major life activity.”

If you have questions about Georgia’s new medicinal marijuana laws, or are facing backlash from your employer over the issue, please contact Pankey & Horlock today.  Our team of reputed Georgia employment lawyers can be reached at (770)670-6250.

Can my employer retaliate against me for being a whistleblower?

The United States Securities and Exchange Commission (SEC) is investigating whether companies are trying to silence and retaliate against whistleblowers. A whistleblower is an employee who complains of illegal or unethical activities either internally or to a government agency. Whistleblowers play an important role in keeping employers honest, and there are state and federal laws protecting their rights.

Authorized by the 2010 Dodd-Frank Wall Street reform law, the SEC started a whistleblower program which rewards people reporting possible securities law violations if their tip leads to more than $1 million in sanctions. Awards can range between 10 and 30 percent of money collected by the agency. The SEC Office of the Whistleblower received more than 3,500 tips last year. This is the highest number since the program started.

Concerned about corporate backlash against whistleblowers, the SEC issued letters to several companies seeking years of documents such as nondisclosure agreements and employment contracts. It is unknown how many letters were sent or to whom. The documents being sought by the SEC might reveal employers discouraging whistleblowers. Sometimes these kinds of documents contain clauses that require employees to forfeit any awards, even though such clauses are prohibited by federal regulations.

U.S. Attorney General Eric Holder called on Congress for action last year, stating that Wall Street companies often shielded their leaders from responsibility for misconduct. Holder suggested increasing rewards for whistleblowers and requested funding for more FBI agents with forensic accounting expertise.

If you live in Georgia and believe your employer is involved in illegal activities but fear speaking up, contact the attorneys at Pankey & Horlock, LLC. We have decades of experience representing clients and aggressively protecting their rights. Call (770)670-6250 today to schedule a consultation and learn more about state and federal legal protections for whistleblowers.

Can I be fired for expressing my religious beliefs at work?

In a complaint filed with the Equal Employment Opportunity Commission (EEOC), former Atlanta fire chief Kelvin Cochran claims that the city discriminated against him because of his religion. The EEOC complaint could be an indication that Cochran plans to file a federal lawsuit against the city.

In November 2014, Cochran was suspended without pay in connection with a bible study book he wrote; the book contained controversial statements about homosexuality. According to Cochran's EEOC complaint, he was informed by city officials that his publication of the book violated unspecified city policies and that an investigation would be conducted.

When Cochran returned from his suspension, he was allegedly told that every city employee interviewed in the investigation reported that Cochran's faith influenced his leadership style. However, no employee reported specific examples of discrimination or being treated unfairly because of Cochran's religious beliefs.

Mayor Kasim Reed terminated Cochran earlier this month, stating that Cochran's "judgment and management skills were the subject of the inquiry" and that "Cochran's personal religious beliefs are not the issue." One issue raised is that Cochran distributed his book at work. Mayor Reed's decision to fire Cochran was reportedly supported by the Atlanta Professional Firefighters union.

Cochran asserts that he obtained authorization from the City's Ethics Department to publish the book, which expresses his "deeply held religious convictions on many subjects." He is claiming that the city violated his federal civil rights by discriminating against him because of his Christian religion. A rally in support of Cochran was held at the Georgia Capitol earlier this month, apparently organized by evangelical groups and leaders.

If you believe that you have been discriminated against at work, the experienced employment discrimination and civil rights attorneys at Pankey & Horlock, LLC, can advise you. We serve the entire state of Georgia. Contact us today at (770)670-6250 for a free case evaluation.

Are Georgia School Districts Immune from Federal Lawsuits?

A Georgia school district cannot claim immunity from federal lawsuits under the Eleventh Amendment to the U.S. Constitution, according to a federal circuit court in Atlanta.  The court's decision finally addresses an issue that had gone unresolved for decades.

Zaneta Lightfoot taught English and drama at Woodland High School in Georgia's Henry County School District. Because she suffered from sickle cell anemia and occasionally experienced extreme pain, she applied for, and received, leave under the Family and Medical Leave Act.  After a year of taking days off sporadically when she could not work, she received a disciplinary letter and a poor performance evaluation from the school.  She sued the school district for violating the FMLA and other laws and was terminated the following year.

Initially, a federal district court dismissed her FMLA claim on the grounds that the school district was entitled to immunity under the Eleventh Amendment.  The Eleventh Amendment generally protects states from federal lawsuits if the states have not consented to being sued under the circumstances involved.  This immunity does not shield counties or cities, but it can protect state officials and entities acting as an "arm of the state."  The 11th Circuit Court of Appeals had never ruled on whether this immunity protected Georgia schools from federal lawsuits.

Lightfoot appealed the dismissal of her case, and a panel of judges reversed the lower court's ruling, allowing the action to proceed.  The reversal hinged on whether the school district was an "arm of the state."  The Circuit Court panel said that it was, based on how state law defined the school district, the amount of state control over it, how it was funded, and who would be responsible for satisfying court judgments against it.  The court rejected the school district's argument that, because school districts enjoy sovereign immunity, they are also entitled to immunity under the Eleventh Amendment. 

The decision clears the way for a variety of federal employment law claims to be brought against Georgia school districts.

Employment rights cases are often fraught with obstacles, from constitutional questions to technical issues.  If you have been mistreated by an employer, experienced counsel can help you overcome these challenges and receive compensation for your suffering.  The skilled attorneys of Pankey & Horlock have handled cases in the Atlanta area involving discrimination, wrongful termination, and other workplace abuses for decades.  Contact our knowledgeable litigation team to schedule your confidential free case evaluation.  Call (770)670-6250 today.