Posts by Buckley Bala Wilson Mew LLP
Older Employee May Bring Claim For Age Discrimination Claim Where Evidence Exists That Younger Workers Were Treated Better in Earl v. Nielsen Media Research, Inc .
Many people think that employers would welcome older workers on the payroll and value the experience they bring to the job. Unfortunately this is not always the case. As the American workforce ages, so has discrimination against older workers. In fact, age discrimination is one of the fastest growing types of employment discrimination. In a recent case…
Read MoreMan With Schizophrenia Can Bring “Regarded As” Claim
Many times work place biases influence how we are treated at work. Fortunately, congress has enacted laws to protect us from many forms of employment discrimination. One of these laws is the Americans with Disabilities Act, which prohibits disability discrimination against qualified individuals. The ADA prohibits your employer from taking adverse action against you because of your disability…
Read MoreAppeals Court Determines Police Sergeants And First-Responders Entitled To Overtime Pay in Edward Mullins et al v. City of New York
In a precedent setting wage and hour case, the U.S. Court of Appeals for the 2d District determined that New York City police department sergeants were entitled to overtime pay. In Edward Mullins et al v. City of New York the court evaluated whether the sergeants had been misclassified as “exempt” by the department in violation of the Fair…
Read MoreBuckley Bala Wilson Mew LLP Victorious In Reverse Race Discrimination Case. 11th Circuit Court of Appeals Determines Employees May Always Bring A Claim for Discrimination Where Circumstantial Evidence Of Discriminatory Intent Exists
In a recent 11th Circuit Court of Appeals opinion, Mitten v. Lockheed – Martin Aeronautics, the Appellate Court determined that an employee may bring a claim for relief where sufficient circumstantial evidence exists of racial discrimination. It is not necessary to show that another person in the same job position was treated more favorably in order to…
Read More$20 Million Settlement In Verizon Disability Discrimination Case
In the largest settlement in the history of the Equal Employment Opportunities Commission (EEOC), Verizon Communications has agreed to settle a class-action disability discrimination lawsuit. The lawsuit, EEOC v. Verizon Del. LLC, challenges the company’s attendance policies, asserting that the company violated the Americans with Disabilities Act (ADA) by maintaining attendance policies that did not…
Read MoreTransgender Discrimination Lawsuit Filed
The New York Times reports that a New Jersey man, El’Jai Devoureau – who was born a woman – has filed a ground breaking transgender discrimination lawsuit. At issue is whether he is considered a “man.” Devoureau – a urine monitor at a drug treatment center – was fired because his employer claimed being male was…
Read MoreBias Claim Revived Based On Lily Ledbetter Act
As the area of employment law continues to evolve, new laws are enacted, and old ones may be amended or interpreted in new ways. Fortunately many times, the new laws create greater protections for workers against employment discrimination. But what happens if you are subjected to discriminatory actions before a law becomes effective? What if…
Read MoreGeorgia Employers Must Show Legitimate Reasons For Failing To Reinstate Employees
Many times employees are afraid that if they take an approved leave under the Family and Medical Leave Act (FMLA), they won’t get their job back when they return. A recent case out of the Ninth Circuit has just determined that if an employer doesn’t give you your job back after an FMLA approved leave,…
Read MoreGeorgia Employment Of Persons With Mental Disabilities Encouraged
In 2009, the ADA Amendments Act took effect. One of the objectives of the ADAAA was both to cover more people and to give those people with disabilities greater protection from discrimination at work. One of the groups still experiencing very low employment rates are those people with mental disabilities. The new amendments provide greater coverage for…
Read MoreStaffing Agency May Be Required To Pay Overtime
Is a staffing agency required to pay overtime? Yes. According to a recent case, if you are entitled to overtime pay, it may be a violation of the Fair Labor Standards Act if a staffing agency does not pay you all the compensation you are entitled to. In the staffing agency case, a hotel and restaurant company named…
Read More