Vicarious Liability: Can My Employer Be Held Liable?

In many cases, clients wonder whether or not their boss or company can be held liable for the transgressions of the co-worker or supervisor who harmed them. Under the theory of respondeat superior, in order to establish vicarious liability between an employer and the actions of their worker, the plaintiff has to prove that there… Read More

“Regarded as Disabled” under the ADA

In November of last year, an Illinois federal judge ruled in favor of the EEOC in a case against Amstead Rail Company. The court held that the company discriminated against applicants by requiring a medical screening which predicted the potential for applicants to develop carpal tunnel. Amstead screened applicants who had already accepted conditional employment… Read More

Sexual Orientation & Gender Identity Discrimination

Employment non-discrimination laws protect LGBT individuals from being unfairly discriminated against in the workplace by private employers. Unfortunately, not all states provide these protections. Alabama, for example, does not have any statewide laws prohibiting employment discrimination based on sexual orientation or gender identity. While there are local ordinances in Birmingham and Montevallo which aim to… Read More

What is pregnancy discrimination?

The Pregnancy Discrimination Act has now been in place for over 40 years.  While the law has many protections, its simple goal is to prevent discrimination in the workplace against females who are pregnant.  Even though Alabama workers are typically at-will employees, the Federal discrimination law prevent an employer from applying different standards to different… Read More

Legal Protections for Veterans in the Workplace

Over the past few months, our Birmingham, Alabama employment law firm has successfully protected the employment rights of veterans against discrimination for performing their military service obligations.  The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects all current and past members of the military from discrimination in employment.  If… Read More

“Weinstein Effect” causing victims of sexual harassment to come forward

Our firm has noticed a substantial increase in the number of contacts we have received regarding sexual harassment claims over the past few weeks.  It is impossible to discount the fact that more and more women are refusing to accept sexual harassment in the workplace as a result of the nationwide stories that are trending.… Read More

Ten Tips to Protect Yourself from Employer Retaliation

Whether you have been sexually harassed or suffered from employment discrimination, one of the most common questions I receive is how to prevent retaliation.  Here are ten tips to protect yourself after you make a complaint: Not all complaints regarding your job are protected from retaliation. Only specific complaints relating to discrimination (race, gender, age,… Read More

Birmingham EEOC Office Files Lawsuit Alleging Disability Discrimination and Genetic Information Discrimination

In September, the Birmingham, Alabama office of the EEOC filed a lawsuit against Dollar General alleging the company violated federal law when it rescinded job offers to applicants whose medical examinations revealed they had disabilities. These examinations also unlawfully solicited family medical history from such job applicants, a form of genetic information. The employment discrimination… Read More

What would you do if Harvey Weinstein was sexually harassing you?

Recent news headlines about Harvey Weinstein, the Hollywood mogul accused of sexual harassment and sexual abuse by multiple actresses, is a reminder of the use of power to discriminate and harass in the workplace.  It has taken years for Mr. Weinstein’s behavior to come to light due to his powerful position in the industry and… Read More