Discriminatory Denial of Pay Raise Cannot be Cured by Later Raise
We just received a good result from the Eleventh Circuit Court of Appeals (the federal appeals court for the states of Georgia, Florida and Alabama) in a race discrimination and retaliation case and, at the risk of seeming immodest, we’d like to share it with you. It’s a very employee-friendly decision on the issue of…
Read MoreParents Discharged for Son’s Medical Costs Have Disability Discrimination Claim
The Americans with Disabilities Act (ADA) contains a rarely used provision that protects employees who are not disabled but who are discriminated against because they are associated with an individual, such as a spouse or other family member, who is disabled. A recent case from the Tenth Circuit Court of Appeals, Trujillo v. PacifiCorp, although…
Read MoreSexually Suggestive Comment Not Enough to Establish Sexual Harassment
As we wrote in a prior post about the case of Reeves v. C.H. Robinson on sexual harassment, an employee complaining about sexual harassment in the workplace must prove that harassment was severe and pervasive, and not merely sporadic or occasional. Unfortunately for the employee in a recent case, Webb-Edwards v. Orange County Sherriff’s Office, even though…
Read More“Sex Specific Profanity” Supports Sexual Harassment Claim
A good sexual harassment case has come out of the Eleventh Circuit Court of Appeals-the federal appeals court for the states of Georgia, Florida, and Alabama. In Reeves v. C.H. Robinson, a female employee claimed that for a period of almost three years there were daily instances of sexually offensive language and conduct in her…
Read MoreAgreement to Arbitrate USERRA Discrimination Claim is Enforceable
In Landis v. Pinnacle Eye Care, LLC, the Sixth Circuit Court of Appeals recently held that an agreement to arbitrate claims is enforceable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Although the Sixth Circuit does not have jurisdiction over the courts of Georgia, and a lower-level federal court in Georgia…
Read MoreCourt Affirms Half Million Dollar Verdict in Race Discrimination Case
“Despite considerable racial progress, racism persists as an evil to be remedied in our Nation.” These words, penned by Eleventh Circuit Court of Appeals Judge William H. Pryor, are from an important race discrimination case recently decided by the federal appeals court for Georgia, Florida, and Alabama, in which the court affirmed a verdict of…
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