Employment Law Blogs | Barrett & Farahany

Helping employees find justice in twelve states and the District of Columbia with offices in Illinois, Georgia, North Carolina, Tennessee, Missouri, and Alabama.

Atlanta Employment Rights Attorney | Barrett & Farahany
13Jun

How to Tell if a Landlord is Violating Your Rights Under Fair Housing Laws

Have you ever been shopping for a place to rent, only to find that it is much more difficult than expected. You have the money, you found just the right place, but for some unexplainable reason, it is no longer available. It can be very frustrating. It is not just renters who face challenges finding a place to live. Even home buyers can face difficulty when looking for a place to buy. Many times, this is just part of the supply and demand in a tight housing market. Other times, however, discrimination and federal housing laws might be violated.

13Jun

Are There Protections if I Report Discrimination or Misconduct at Work?

There are more than 11,000 sexual harassment claims filed with the Equal Employment Opportunity Commission (EEOC) each year. When employees are subjected to unlawful and discriminatory conduct at work, everyone suffers. It hurts productivity, it affects work quality, and it results in a lot of lost time. It does not just hurt the worker who is being discriminated against. Many times, other employees will come forward and speak up.

13Jun

Can an Ex Sexually Harass Me at Work?

Many Americans work with or around their romantic partners and even spouses. Can an Ex Sexually Harass Me at Work? In fact, this can be especially true in small towns and communities, where a large company may be the primary employer for the entire region. People often meet their future spouses at work and work together for years. In general, this is fine, but what happens when the marriage falls apart? Whether a divorce is due to something that happened at work or something totally unrelated, it can take a toll on a couple’s work life. Many spouses find it difficult to adapt to the new dynamic and changed relationship at work. An ex-spouse may begin dating again or may reject an ex’s attempts at reconciliation.

10Jun

Types of Discrimination Explained

When a worker is terminated, demoted, or denied a promotion, it is often frustrating and can be quite unexpected. In other situations, there may be obvious and inappropriate reasons for the negative employment action. In Alabama, employment is considered at-will, meaning an employer can take adverse employment actions for just about any reason, so long as the reason does not violate federal law.

06Jun

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
01Jun

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
31May

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…

31May

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
29May

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
15May

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
09May

#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
01May

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
30Apr

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…

21Apr

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.

19Apr

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.

18Apr

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
15Apr

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
10Apr

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…

02Apr

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?
31Mar

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…

21Mar

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.

20Mar

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
15Mar

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
28Feb

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, …

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