EMPLOYMENT LAWYER
IN SAVANNAH, GEORGIA

In many cases, yes. For example, if you have a claim under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), or the Genetic Information Nondiscrimination Act (GINA), before you can file your claims in court, you must exhaust your administrative remedies by filing a charge of discrimination with the EEOC. The deadlines to file a charge of discrimination are very tight. In Georgia, for example, you need to file a charge within 180 calendar days from the day the discrimination took place. Other states may have different deadlines, depending on the laws of that state. More information about the timelines for filing a charge of discrimination can be found here: https://www.eeoc.gov/time-limits-filing-charge.

No. Federal law and many state laws prohibit employers from retaliating against employees who oppose unlawful conduct in the workplace, for example, by reporting or complaining discrimination or engaging in another form of "protected activity." Examples of protected activity may include, for example: reporting discrimination or harassment that you personally experienced, reporting discrimination that someone else at work experienced, refusing orders to engage in conduct that you believe is discrimination, or advocating for a victim of discrimination at work. It is also protected activity to stand on certain legal rights, such as requesting accommodations for a disability, religious observation or practice, or pregnancy, or asking about, applying for, or using FMLA leave. It is illegal to subject an individual who has engaged in protected activity to a materially adverse action, which is any action that would dissuade a reasonable person from engaging in protected activity. In the employment context, an adverse action might include retaliatory harassment, transfers, shift changes, discipline, negative evaluations, or any other employment decisions that affects the terms and conditions of your employment, such as being demoted, removed from the schedule, paid less, or fired. ​

In exchange for a severance package or separation pay, employees are often asked to waive and release legal claims and to agree to restrictive terms that could make it more difficult to find a new job later. It is important that you understand exactly what you are agreeing to and what you are giving up before you sign a severance agreement. Speaking to an experienced severance agreement lawyer can help you understand your options. In fact, many severance agreements state that you should consult with an attorney before you sign the agreement.

Employers in many states, including Georgia, often remind employees that they are "at-will" employees, which effectively means that an employer can fire an employee at anytime for any reason—without cause and without notice. However, even though you may work in an at-will employment state, you may not actually be an at-will employee, and even if you are, that does not mean your employer can fire you for unlawful or illegal reasons. If you have experienced what you believe is a wrongful termination, it is important that you consult with an experienced employment lawyer to determine whether you have a legal claim.

No. You do not need direct evidence or a "smoking gun" to prove discrimination. In fact, direct evidence is uncommon in discrimination cases. Most discrimination plaintiffs prove their claims with circumstantial evidence, which is any evidence that raises a reasonable inference that your protected class motivated the adverse employment decision at issue. For example, you may prove discrimination by showing that coworkers outside of your protected class were treated better than you or that the decision maker or supervisor who made the adverse employment decision at issue made offensive remarks, jokes, or comments related to your protected class. Ultimately, there are several ways to prove discrimination. You should not be dissuaded from reporting or opposing discrimination simply because you lack direct evidence.

No. Harassment can take many forms and may include, for example: unwanted touching, sexual advances, offensive symbols or graffiti, or offensive comments, slurs, "jokes," or remarks. In these cases, it is often clear that a harasser is targeting employees because a protected characteristic. However, illegal harassment does not need to be explicit. It also does not need to be directed at you specifically. So long as you have experienced harassment that is offensive, based on a protected characteristic, and severe or pervasive, you may have a legal claim for hostile work environment.