Workplace Discrimination Attorney in the Metro Atlanta Area

Discrimination involves treating someone unfavorably because of a personal characteristic that is protected by law. These characteristics range from age and race to religion and national origin. If you're treated unfairly at work due to any of these protected characteristics, you may have valid grounds for an employment discrimination lawsuit.

At Fox & Weiss, P.A., Attorney Clifford Weiss and his team take an empathetic and knowledgeable approach to workplace discrimination. They proudly represent the employee and employer in various aspects of employment law, from helping victims to assisting businesses with discrimination in the workplace.

Examples of Discrimination

Discrimination can take many forms in the workplace, and it's important to recognize them if you're the victim or an employer. Knowing possible scenarios can allow you to identify the harasser to build a strong case. These include:

• Hiring Discrimination: This occurs when an employer doesn't hire a candidate based on their age, race, religion, national origin, or other protected characteristics. It's illegal under both state and federal laws.

• Pay Discrimination: This involves unequal pay for equal work. If employees of a certain gender or race are paid less than their counterparts for performing the same job, it is a form of pay discrimination.

• Promotion Discrimination: This happens when employees are overlooked for promotions due to their protected characteristics. For example, if a female employee is passed over for a promotion in favor of a less-qualified male colleague, it could be a case of gender discrimination.

• Harassment: This includes offensive or unwelcome conduct based on a protected characteristic. Harassment can range from offensive jokes and slurs to physical assaults and intimidation. When harassment becomes severe and pervasive enough to create a hostile work environment, it violates federal anti-discrimination laws.

• Retaliation: Retaliation occurs when an employer takes adverse action against an employee for reporting discrimination or participating in a discrimination investigation. An example of retaliation would be demoting or firing an employee who has filed a complaint about workplace discrimination.

• Wrongful Termination: This refers to the unlawful dismissal of an employee based on their protected characteristics. If an employee is fired because of their race, religion, age, or disability, it constitutes wrongful termination.

• Sexual Harassment: Sexual harassment involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. It can occur between any two people in the workplace, including co-workers, contractors, and non-employees.

Prohibited Conduct 

Prohibited conduct is any behavior that's not allowed, often because it breaks a rule or a law.

For instance, in the workplace, prohibited conduct could be things like discrimination, harassment, retaliation, or any other action that goes against the company's code of conduct.

Knowing what's considered prohibited conduct where you work can help you take the necessary legal steps.

• Discrimination in the Workplace

• Workplace Harassment

• Wrongful Discharge

• Restrictive Covenants and Non-Compete Agreements

• Wages and Hour Disputes

• Whistleblower Cases

• Unfair Labor Practices

If you believe you've been subjected to any of these prohibited conducts in your Georgia workplace, don't hesitate to reach out to Fox & Weiss, P.A. They're committed to providing compassionate advocacy and legal expertise to workers throughout Atlanta, Savannah, Macon, and other areas in Georgia.

Terms and Conditions of Employment

The terms and conditions of employment are the responsibilities and benefits that come with a job. Understanding the terms and conditions whether you're an employee or employer is important to your case.

Some key aspects of terms and conditions of employment include:

• Working Hours: This includes the number of hours an employee is expected to work per day or week, as well as any overtime requirements. Any discrimination or unfair treatment based on working hours is prohibited under state and federal laws.

• Wages and Benefits: This refers to the compensation an employee receives for their work, including their salary or hourly wage, as well as benefits like health insurance, retirement plans, and paid time off. The Equal Pay Act of 1963 prohibits employers from paying workers of one sex less than workers of the opposite sex who perform equal work.

• Job Responsibilities: These are the tasks an employee is expected to perform in their role. Discrimination can occur if an employee is given different or less favorable tasks based on their protected characteristics.

• Leave Entitlements: This includes vacation time, sick leave, and parental leave. Under the Family and Medical Leave Act, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.

• Termination Procedures: These are the policies and procedures in place for ending an employment relationship. Wrongful termination occurs when an employee is fired due to their protected characteristics or for exercising their rights, such as filing a discrimination charge or participating in a discrimination investigation.

Wrongful Termination

Wrongful termination happens when an employee is let go due to reasons that are illegal under state or federal laws.

These may include instances where the firing is based on a protected characteristic such as race, color, religion, national origin, sex (including pregnancy and childbirth), disability, age (40-70), citizenship status, or genetic information.

It can also include situations where an employee is fired for exercising their rights, such as filing a discrimination charge or participating in a discrimination investigation.

Here's a deeper look at some specific aspects of wrongful termination:

• Discrimination-Based Firing: If an employer fires an employee due to any of the aforementioned protected characteristics, it's considered wrongful termination. Federal antidiscrimination laws like the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and Title VII of the Civil Rights Act of 1964 protect employees from such treatment.

• Retaliatory Discharge: This occurs when an employer terminates an employee in retaliation for the employee opposing discriminatory practices in the workplace or participating in an investigation into such practices. Both state and federal laws protect employees from retaliatory discharge.

Fox & Weiss, P.A., has extensive experience in both negotiating and litigating employment disputes, including cases of wrongful termination. They represent clients across various industries throughout Atlanta, Savannah, Macon, and other areas in Georgia.

Retaliation

Retaliation arises when the employee has exercised their legal rights. This could be filing a complaint about discrimination or harassment, participating in an investigation of such a complaint, or opposing discriminatory practices in the workplace.

Retaliation can manifest in various ways:

• Demotion or Discharge: If an employee is demoted, fired, or faces negative job consequences after reporting discrimination or harassment, it could be considered retaliation.

• Hostile Work Environment: Retaliation can also take the form of creating a hostile work environment. This includes pervasive harassment based on race, gender, age, religion, disability, or national origin, up to and including quid pro quo harassment where the victim is told continued employment or promotion is contingent on granting sexual favors.

• Negative Evaluations or References: Employers might retaliate by giving the employee unjustifiably poor performance reviews or negative references for future employment.

• Change in Job Role or Responsibilities: If an employee's job duties or responsibilities are negatively altered following their complaint, this could be seen as retaliation.

If you believe you've been subjected to retaliation in Georgia, don't hesitate to reach out to Fox & Weiss, P.A. They embody compassionate advocacy, combining legal expertise with empathy to reassure individuals facing workplace injustices that they are seen, heard, and defended.

Disparate Impact vs. Disparate Treatment

In the realm of employment law, disparate impact and disparate treatment refer to two ways in which employees can experience discrimination. Both are considered forms of illegal discrimination under federal laws like the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act.

Here's a deeper look at these two concepts:

• Disparate Treatment: This refers to an instance where an employer intentionally discriminates against an individual based on their belonging to a protected class. The discrimination could be seen in various aspects of the employment relationship, including hiring, promotions, wages, benefits, discipline, and firing.

• Disparate Impact: Unlike disparate treatment, disparate impact involves policies or practices that may seem neutral on the surface but disproportionately affect individuals of a protected class. These policies aren't discriminatory in intention, but their implementation results in a discriminatory outcome.

Examples of Disparate Impact and Disparate Treatment

Disparate Treatment:

• An employer refuses to hire someone because they are over the age of 40.

• A company denies a promotion to a qualified female employee due to her gender.

Disparate Impact:

• A company policy requires all employees to work on certain religious holidays, which may disproportionately affect individuals of certain faiths.

• A hiring practice that involves heavy lifting as part of the interview process may disproportionately exclude qualified women or individuals with disabilities.