Employment Discrimination

Employment Discrimination Lawyer Serving Atlanta

Employment discrimination can lead to profound and lasting effects, both financial and emotional. If you have a legal issue involving employment discrimination in the Atlanta area, you need the advice of experienced legal counsel. The employment attorneys at Parks, Chesin & Walbert understand discrimination laws, and have the skills to assist you.

Enforcing Discrimination Laws

The Equal Employment Opportunity Commission (EEOC) investigates and enforces federal employment discrimination laws. In fiscal year 2013, the EEOC received 93,727 charges of employment discrimination. Employment discrimination may occur during the recruiting, hiring, employment, or discharge of an employee.

Title VII and Related Federal Anti-Discrimination Laws

Employees are legally protected from discrimination based on race, color, national origin, age, sex, or religion. Title VII of the Civil Rights Act prohibits discrimination with respect to compensation, terms, conditions, or privileges of employment because of the person’s race, color, religion, sex, or national origin.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act of 1967 (ADEA) protects employees who are 40 years old or older from age-based discrimination by employers with 20 or more employees. The ADEA prohibits employers from discrimination based on age with respect to compensation, terms and conditions of employment, and privileges of employment. Employers may not limit, segregate, or classify employees in ways that tend to deprive the employee of opportunities or adversely affect his or her employment status based on age. Furthermore, it prohibits an employer from reducing an employee’s wages to comply with the ADEA.

The Equal Pay Act

The Equal Pay Act requires employers to pay men and women equally for jobs requiring skill, effort, and responsibility that are substantially similar and performed under similar working conditions in the same establishment. The Equal Pay Act specifically allows for payment differentials based on a seniority system, a merit system, a production quality or quantity system, or any factor other than sex.

Americans with Disabilities Act

Pursuant to the Americans with Disabilities Act (ADA), employers with 15 or more employees may not discriminate against qualified individuals due to disability. Prohibited discrimination includes discrimination involving application procedures, hiring, promotions, termination, compensation, job training, or the terms, conditions, or privileges of employment. An employer may not adversely affect an individual’s employment opportunities or status by limiting, segregating, or classifying the applicant or employee. Prohibited discrimination also includes failing to make a reasonable accommodation that would not impose an undue hardship on the business’s operations or denying employment opportunities based on the need for such a reasonable accommodation. The ADA also prohibits using selection criteria that tend to screen out individuals with disabilities unless the criteria is shown to be job-related for the position and consistent with business necessity.

Section 1981 of the Civil Rights Act of 1866

Section 1981 protects the equal rights of all persons to make and enforce contracts without regard to race. It provides protection against intentional race-based employment discrimination related to the contractual aspects of employment, including hiring, discharge, and the terms and conditions of employment. Unlike Title VII of the Civil Rights Act of 1964, Section 1981 is not enforced by the EEOC.

State Laws Against Discrimination

In addition to federal laws discussed above, state law may provide rights and remedies related to employment discrimination. Both procedure and damages may vary depending on the law that forms the basis of the employee’s claims. A knowledgeable employment discrimination attorney can evaluate an employee’s claim to determine the best avenue of recovery. Employment discrimination cases require immediate action because the laws impose different time limits, including a 180 day time-frame to file a charge with the EEOC.

Experienced Georgia Employment Discrimination Attorneys

The Atlanta employment discrimination lawyers at Parks, Chesin & Walbert have a thorough understanding of anti-discrimination laws. We have the knowledge and skills to help you understand your legal rights and obligations. If you have an employment discrimination issue, call us at 404-873-8048 or contact us online today to schedule an appointment.