Employment Discrimination Claims on the Rise

The Equal Employment Opportunity Commission (EEOC) has just released its statistics for 2018 revealing that it has recovered $505 million and other relief for more than 67,860 victims of discrimination in the workplace. Types of discrimination vary, but include Title VII claims such as race, gender and religious discrimination. Retaliation claims where workers endure negative…

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I Need More than 12 Weeks of FMLA Leave! What Do I Do?

Employers in every state are required under the federal Family and Medical Leave Act (FMLA) to provide their employees the opportunity to take unpaid leave for medical, military, and maternity/paternity reasons. Employees who take this time are entitled to have their positions reinstated upon their return. How Many Weeks of FMLA Can You Take? Employees…

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Lawsuit Alleges Discrimination Based on Perceived Disability

Employment news reports that the federal government has filed a lawsuit against Amtrak, alleging employment discrimination. According to the disability discrimination complaint filed by the Equal Employment Opportunity Commission (EEOC), Amtrak unlawfully discriminated against a person who had epilepsy. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act prohibit discrimination…

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Failure to Allow Leave For Cancer Treatment May Violate the ADA

According to legal news, Dunkin’ Donuts has been sued for disability discrimination after refusing to provide medical leave to a woman suffering from cancer. In a clear violation of the Americans with Disabilities Act (ADA), the doughnut chain terminated the worker. The ADA makes disability discrimination illegal and prohibits discrimination against “qualified individuals with a…

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Is Your Physical Presence at Work an Essential Job Function?

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect certain qualified individuals with disabilities from discrimination at work. This means that your employer cannot take negative actions against you as a result of your disability, because you have a record of a disability, or because it regards you as disabled.…

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EEOC Gets a Boost in Subpoena Power

The Equal Employment Opportunity Commission (EEOC) recently won a victory in the Second Circuit that will significantly increase its ability to investigate employer practices on a nationwide basis. Although the case does currently have limited precedent in Georgia employment law, we will have to keep an eye on the Eleventh Circuit to see if that court will follow…

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President Appoints New EEOC Leadership

President Barak Obama recently announced his choices to head up the Equal Employment Opportunity Commission (EEOC), essentially promoting two current Commissioners to leadership posts at the federal agency. Stuart J. Ishimaru was appointed as Acting Chairman of the EEOC and Christine M. Griffin as Acting Vice Chair. Ishimaru’s term will expire on July 1, 2012. He…

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