Monthly Archives January 2015

Clark Atlanta Reverse Discrimination Suit Begins

January 30, 2015 DiscriminationWrongful Termination

Ted Bahhur, the former head football coach of Clark Atlanta University, filed a racial discrimination suit on Wednesday.  He alleges that he was fired as head coach due to racial discrimination by the school.  This case has already gone through the EEOC’s process apparently, as the University provided a legitimate business reason for its actions to the EEOC – poor performance.

Interestingly, Clark Atlanta took a play out of their available playbook in this case (pun intended) when they provided a legitimate business reason for their actions.  Once an employer takes this step, the question is no longer whether the employee can show any good cause as to why he thinks the action was discriminatory...

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Ruby Tuesday Proving That Gender Discrimination Works Both Ways

January 27, 2015 Discrimination

A case filed against Ruby Tuesday accuses the chain of discriminating against men when managers hired only women to lucrative seasonal wait staff positions in resort towns.  Remember that gender discrimination, just like all forms of discrimination, works to protect ALL classes of people, not just those who have traditionally suffered from discrimination.

More from the Washington Post.

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Atlanta Fire Chief Claims Discrimination – Does He Have a Case?

January 26, 2015 DiscriminationWrongful Termination

Fascinating local news story about deposed Atlanta Fire Chief Kelvin Cochran filing a claim of religious discrimination due to his termination.

Looking at it from a legal perspective, I believe his case certainly meets the requirements for an actionable claim.  The City is giving a business reason for the termination as questionable “judgment” and “management skills,” according to Mayor Kasim Reed.  Going only by what we know right now – that there have been no public errors in judgment or management by Mr. Cochran, or at least no more or less than have been going on since the beginning of his tenure – the City looks like it’s simply trying not to say that the termination was based on his religious beliefs being broadcast publicly and (arguably) being forced upon his co-workers...

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Potential Weakening of Fair Housing Act

January 20, 2015 Discrimination

The U.S. Supreme Court is set to make a decision in a case that could weaken the protections under the Fair Housing Act.  What this means to the average person is this: as the law stands right now, virtually any practice a landlord uses that causes the landlord to provide housing to one group over another is considered discriminatory and the landlord can be sued successfully for it.  If this case’s decision comes down as expected, then the Supreme Court will effectively change the standard a tenant must prove from “impact” to “intent.”  Put simply, a tenant would need to show that the landlord not only utilized a practice that treated one group of people more favorably, but also that the landlord intended for the practice to treat one group of people more favorably...

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Whistleblower Represented by Kirby G. Smith Wins on Retaliation Claim

January 20, 2015 Whistleblowing

I was happy to help Dr. Candace Carter, a biologist for the National Parks Service, win her whistleblower retaliation claim. Dr. Carter was punished by management after she reported her supervisor’s misappropriation of funds via improper use of her government credit card. For federal employees it is important to note that this case was dismissed by the Office of Special Counsel and successfully appealed. The OSC dismisses cases routinely that have substantial merit, so if your case was dismissed and you’re ready to drop it, don’t without at least discussing the facts with an attorney first. Any private employees reading this result should keep in mind that federal employees have much stronger protection from whistleblower retaliation...

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