What to Expect When You File a Discrimination Case
When you have been the subject of employment discrimination, it can be difficult to know where to turn. Complex federal and state laws often create hurdles and obstacles. Employers certainly do not make it easy. Family and friends may be full of seemingly good advice, but when it comes right down to pursuing justice, victims often find themselves all alone. Kira Fonteneau wants you to know exactly what to expect when you file a discrimination case against an employer.
Pregnancy and Maternity Leave Laws
Two of the most notable laws covering pregnancy and maternity leave are the Pregnancy Discrimination Act (PDA) of 1978 and the Family and Medical Leave Act (FMLA).
While the details of the protections provided by these laws will be discussed in more detail below, don’t hesitate to contact the tr…
Unwanted Workload Reductions Due to Pregnancy
Although there has been a lot of progress towards eliminating workplace discrimination, some employers still hold the outdated view that pregnant women should not work or that their work should be very limited.
While pregnant women do have the rights to have their work altered to accommodate the…
Keys to Using FMLA
When you have a medical condition that requires you to leave work for a while, it can be a scary proposition. Will...
The Corporation and the Individual: Human Capital and Beyond
On Thursday, March 29, 2018, Amanda A. Farahany spoke as a panel member at the 2018 Emory Corporate Governance and Accountability Review Symposium: The Corporation and the Individual. In a presentation entitled “The Corporation and the Individual: Human Capital and Beyond,” Ms. Farahany discussed…
Wrongful Termination & Pregnancy Discrimination
Women who are pregnant, planning on getting pregnant or have recently given birth are protected against discrimination and wrongful termination by various laws, including the federal Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Despite these protections, however…
#MeToo Civil Assault Cases
On Wednesday, April 25, Kathy Harrington Sullivan participated in a panel presentation on pursuing civil claims for sexual assault victims. Topics included approaches for effectively assessing and investigating potential claims, frequently encountered evidentiary issues, proving liability and max…
Pregnancy Discrimination & Temporary Disability
If you are planning on getting pregnant, you are pregnant or you were recently pregnant, your employer cannot discriminate against you due to your condition. In fact, federal law requires employers to offer pregnant the same treatment, protections and benefits provided for employees who are not p…
Filing a Pregnancy Discrimination Claim
Pregnancy discrimination can be as distressing as it is unfortunate. When, however, women are ready to fight such discrimination and hold employers accountable for violating their rights, filing a pregnancy discrimination claim with the U.S. Equal Employment Opportunity Commission (EEOC) will typ…
What is a Pretext Firing?
You may have heard the term “pretext” when discussing workplace discrimination or a wrongful termination. So, what exactly is a pretext? A pretext is basically just a made-up reason for terminating someone, when the real reason is unlawful or improper. When you think pretext, think pretend, because sometimes employers will pretend that they terminated an employee for a legitimate reason, even when the real reason is discriminatory. The good news is that there are sometimes ways to prove that the reason given is just a pretext, and thus unlawful.
Five Industries with the Most Sexual Harassment Claims
Not surprisingly, some industries and jobs see a higher number of sexual harassment claims. While one may immediately think of jobs like the military, law enforcement, or other male-dominated workplaces, according to recent reports by the Equal Employment Opportunity Commission (EEOC), the following are the five industries with the most annual claims for sexual harassment. According to EEOC data, about 30% of all complaints brought before the commission are based on sex or gender discrimination.
What is USERRA and How Does it Protect My Job?
Reservists and National Guard members serving in the U.S. Armed Forces can face a lot of challenges when it comes to maintaining civilian employment. Employers often want the skills and experience that service members bring to the job, but deployments and annual training drills can be a struggle for employers. Fortunately, federal law protects members of the Armed Forces. Alabama employment attorneys want you to understand your rights when it comes to military service and private employment.
Denial of Promotion due to Pregnancy
Being pregnant or having recently given birth should not disqualify women from being eligible for promotions at work. In fact, if pregnancy (or a related medical condition) is the reason that an employer has denied an employee a promotion:
This can constitute an illegal act, as it would likel…
Hospital Team Leads Get Trial on Overtime Claims
On March 16, Barrett & Farahany, LLP attorneys Benjamin Stark and Severin Roberts successfully overcame a motion for summary judgement in Sanchez v. St. Joseph’s/Candler Health Sys., Inc., 2018 BL 90861, S.D. Ga., No. CV 416-225. Stark and Roberts represented two former employees of a hospital wh…
What to Do If Your Boss Makes You Falsify Time Entries
Under federal law, employers are required to keep accurate records of employee labor. This is because the law also has rules pertaining to what an employer must pay an employee, such as minimum wage and overtime. Birmingham labor law attorneys routinely meet clients who have been cheated out of their earnings due to unscrupulous employers hiding or mishandling payroll information. One clever trick some employers use is to have an employee falsify time entries. Then, if that employee complains, the employer fires the employee, alleging the termination is because the employee was breaking the law by lying about his or her hours. It is dirty, and it is unlawful. Here is what you should know about timekeeping standards and federal law.
How Do You Prove Race Discrimination?
While the hope is that our society will eventually advance beyond all forms of prejudicial treatment, the truth is that discrimination is alive and well. Racial discrimination remains a significant problem, especially in the workplace. Unfortunately, people are still being denied employment, job…
Is it Sexual Harassment to Ask Out a Coworker?
Like so many legal answers, the real answer to this question is, “it depends.” As a general rule, no. Is it Sexual Harassment to Ask Out a Coworker? You can ask out just about anyone you want, assuming your company does not have anti-fraternization policies. We will set aside the issue of whether it is inappropriate or perhaps a bit unprofessional to ask out coworkers, you are legally permitted to ask coworkers out under most circumstances. Of course, many employers have strict policies that prohibit it, and for good reason. When relationships develop at work, it can negatively affect productivity, and when relationships fall apart, it can create an uncomfortable working environment for everyone.
2017’s Five Biggest Tech Company Sexual Harassment Scandals
Far too many women experience sexual harassment and discrimination in the workforce. When it happens to you, it can be dizzying and confusing. There are so many questions that need to be answered. Worse yet, there are strict limits on how long you can think through what is happening to you before getting help.
The Sad Truth about Ageism in America
In the Native American culture, the elderly are known as wisdom keepers. In Japanese culture, they value and are dutiful to the older generation. Yet, in America, senior citizens are essentially invisible at best and the target of discrimination at worst. They are an overlooked population when it…
Atlanta GA Sexual Harassment Attorney: Feeling Safe in the Workplace
People working full time spend approximately 20% of their week in the workplace. As a result, a number of hours you spend in the workplace are with co-workers. Unfortunately, sexual harassment can be seen in workplaces all over the country. Meaning, that despite efforts to end sexual harassment, …
Getting the Pay You Deserve
Everyone knows about overtime. If you work more than 40 hours, you get overtime, right? Not necessarily. There are a lot of exceptions to overtime rules. In general, however, federal law offers some solid protections. Here is a brief look at the ways federal labor laws protect your wages.
Current Trends in Employment Laws
A Board Certified Employment Lawyer Specialist’s Viewpoint:
When I first started practicing employment law over 20 years ago, the economy was in the dot com boom and employment law likewise flourished as employers needed employment contracts drafted and employees needed contracts reviewed.
When…
Basics of Workplace Sexual Harassment
Sexual harassment allegations can be a very complex issue, causing many employees and employers alike to search for the best harassment lawyer Atlanta GA has to offer. However, it’s not always clear what sexual harassment comprises in the workplace. At Barrett & Farahany, LLP, as we strive to be …
Five Common Sexual Harassment Myths Busted
2017 ushered in what some are calling a new era of gender inequality awareness. With numerous celebrity sex scandals and stories of abuse and harassment of all types, social media and the mainstream news are full of stories about people in positions of power abusing their authority.