Atlanta Employment Discrimination Attorneys
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If you are the victim of sexual harassment or discrimination based on your race, gender, age, or disability, you are federally protected and can demand an end to the harassment or discrimination as well as payment for your suffering. There is no employment law case that is too difficult or challenging for the proficient team at Hall & Lampros, LLP. To schedule a no-obligation consultation, contact the law firm today.
IMPORTANT!!! THERE ARE TIME-SENSITIVE DEADLINES THAT MUST BE MET IF YOU BELIEVE YOU ARE THE VICTIM OF WRONGFUL TERMINATION: CONTACT US TODAY.
We have successfully prosecuted workplace abuse under the following statutes:
- Sexual Harassment (Title VII of the Civil Rights Act of 1964),
- Discrimination based on race, sex (including pregnancy), color, religion, or national origin (Title VII of the Civil Rights Act of 1964),
- Racial Discrimination (42 U.S.C. § 1981),
- The Family and Medical Leave Act (FMLA, 29 U.S.C. § 28, et sec.), and
- Americans with Disabilities Act (ADA and ADAA, 42 U.S.C. §12101, et sec.).
Discrimination in the Workplace
Employment discrimination can occur when the worker or employment applicant is treated differently than others in the workplace as a result of a federally protected characteristic. Protected characteristics can include, but are not limited to the following:
- The employee or applicant’s sex, including pregnancy,
- The employee or applicant’s race or color,
- The employee or applicant’s national origin,
- The employee or applicant’s religion, and
- The employee or applicant’s age.
Although the State of Georgia does not have anti-discrimination laws for certain protected classes, some workers can find protection under the Equal Employment Opportunity Commission (EEOC), the Americans with Disabilities Act (ADA), Tittle VII of the Civil Rights Act of 1964, or the Age Discrimination in Employment Act (ADEA).
Federal and state employment laws protect employees from retaliation when they engage in protected activities. These activities can involve:
- Complaining about unlawful discrimination or harassment,
- Complaining about wage theft, including violations of the Fair Labor Standards Act (FLSA),
- Resisting sexual advances,
- Filing a claim with the Equal Employment Opportunity Commission, or
- Being involved in an investigation conducted by a government agency.
Retaliation can take place in the form of adverse action taken by the employer, such as:
- Worker suspension,
- Reduction in hours/shifts,
- Demotion, or
It is important to know that retaliation can also include subtle forms of mistreatment by the employer, which can include being left out of important workplace activities or negative performance reviews. The State of Georgia protects workers from retaliation when they engage in protected activities through statues such as 42 U.S.C §1981 and Title VII. More information on illegal retaliation can be found at: https://www.eeoc.gov/retaliation.
Hostile Work Environments
For the most part, employment laws protect workers against workplace harassment when it is based on the worker’s sex (including pregnancy), religion, disability, age, and national origin. While the State of Georgia does not address workplace hostility by private organizations, workers can find protection under Title VII of the Civil Rights Act of 1964. This federal law applies to employers with a minimum of 15 workers and it protects workers from racial harassment, sexual harassment, and other forms of harassment. Similarly, workers with disabilities can find protection under the Americans with Disabilities Act (ADA).
Generally, there are two types of workplace harassment: hostile work environments and quid pro quo. To file a claim under Title VII of the Civil Rights Act, workers must first file a claim within 180 days of the harassment with the Equal Employment Opportunity Commission (EEOC).
In most cases, the employer is required to pay for your legal fees and expenses separate from any settlement or award.
Discuss Your Case with a Knowledgeable Employment Discrimination Attorney in Atlanta, GA
If you are a worker seeking more information about how to prevent workplace discrimination or are pursuing a claim against your employer for a violation of your employee rights, it is important that you seek qualified legal counsel. Filing a claim against your employer can present a wide range of complexities where the support of a knowledgeable attorney can be beneficial.
At Hall & Lampros, LLP, defending the rights of workers is of utmost importance. Recognized as a leading employment law firm by the National Association of Distinguished Counsel, the firm is prepared to take your case to court to assert your rights and secure the compensation you deserve. Consider scheduling a no-obligation consultation with the law firm today.
For some types of discrimination, harassment, and statute violations, the law provides strict time limits within which you must file a charge with the Equal Employment Opportunity Commission (“EEOC”). We can assist you with the filing of a charge so that you meet all deadlines.
Claims for Discrimination under Title VII: to enforce a claim for employment discrimination based on race, color, religion, sex (including pregnancy discrimination), or national origin, you must file a charge with the EEOC within 180 calendar days from the day the discrimination took place. The 180-day deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
Age Discrimination (ADEA): to enforce a claim for age discrimination, you must file a charge with the EEOC within 180 calendar days from the day the discrimination took place. The 180-day deadline is extended to 300 days if a state agency enforces a law that prohibits employment discrimination on the same basis.
Section 1981 (42 USC § 1981): there is no requirement to file a charge with the EEOC before filing a claim for race discrimination under Section 1981. You have four years from the date of the discriminatory action to file a claim. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004).
FMLA (Family and Medical Leave Act): you have two years to file suit for a violation of the FMLA, which is extended to three years if the violation was willful.
ADA (Americans with Disabilities Act): a claim for employment discrimination under Title 1 of the ADA must be submitted to the EEOC within 180 days of the act of discrimination.
FLSA (Fair Labor Standards Act): you have two years to file suit for a violation of the FLSA, which is extended to three years if the violation was willful.
More information on how to file a charge with the EEOC and associated deadlines can be found at: https://www.eeoc.gov/how-file-charge-employment-discrimination