James Radford, Attorney at Law

Fighting against deaf discrimination

jamesradford — Wed, 27 Apr 2011 00:42:25 +0000

In the case of Belton v. Georgia, we represent the entire class of Georgia residents who are deaf and who are in need of mental health services. A federal court recently certified the case as a class-action lawsuit. We are cautiously optimistic that a solution can be reached that will avoid further litigation and get deaf Georgians the help they need. Below are some recent news stories about the case.

Georgia’s “whistleblower” act

jamesradford — Wed, 10 Feb 2010 20:05:04 +0000

In the state of Georgia, “whistleblowers” are protected from retaliation by public employers. If you are employed by the state, or by any local government that receives state funding (including counties and municipalities), the law protects your right to disclose violations of law by officials in your department.

Specifically, the law provides, at O.C.G.A. 45-1-4(d):

(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency.

(2) No public employer shall retaliate against a public employee for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity.

(3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation.

If you have been terminated, demoted, suspended, or otherwise retaliated against by a public employer after disclosing a violation of the law by a public official, you may be protected by Georgia’s whistleblower law. Under this law, you may be entitled to reinstatement to your job, as well as damages to compensate you for all harm brought upon you by the retaliation.

James and the attorneys of Parks, Chesin & Walbert can help you determine whether you have a claim under Georgia’s whistleblower law. If you think you have suffered retaliation for disclosing a violation of law by a public official, give us a call to set up a consultation. Our number is (404) 873 8000.

Have you experienced workplace sexual harassment in Georgia?

jamesradford — Wed, 10 Feb 2010 13:26:19 +0000

Unfortunately, anyone who goes into the workplace will experience uncomfortable situations. Everyone has experienced a grumpy boss, an annoying coworker, or a flirtatious supervisor. While uncomfortable, these types of normal workplace annoyances are something the law expects us to withstand.

However, there are times when a supervisor or coworker’s behavior goes far beyond what is acceptable, and into the realm of sexual harassment. This is unwanted behavior of a sexual nature that is so severe or pervasive that it makes it nearly impossible to do your job.

The Supreme Court has defined sexual harassment as follows:

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual (both quid pro quo harassment), or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment (condition of work harassment).

But, even if you feel you have experienced sexual harassment, your first step is not the court system. The Supreme Court has held that an employee must take all steps offered by her employer to complain about the harassment before she has a right to go to court.

So what should you do if you are experiencing sexual harassment? The first step is to locate your company’s employee manual (if there is one) or sexual harassment policy. Find out who that policy says you need to bring complaints to, and do so. If that doesn’t help, go up the chain of command. Complain to that person’s supervisor. Give your employer all possible opportunities to correct the problem on their own.

Hopefully, your employer will take action to put a stop to the harassment. But if they do not, you should consult an attorney. An attorney can help you to file a charge of discrimination with the the Equal Employment Opportunity Commission (EEOC), and take your matter before a federal court if necessary. Don’t put up with sexual harassment. If your attempts to resolve sexual harassment on your own have been unsuccessful, and the justice system is your only recourse, call James Radford at Parks, Chesin & Walbert, P.C., at (404) 873 8000.

Employment law in Georgia

jamesradford — Mon, 08 Feb 2010 21:51:33 +0000

In Georgia, like many Southeastern states, employment is “at will.” This basically means that an employer can terminate an employee for any reason, or no reason at all, so long as it is not for an illegal reason. The primary illegal reason we see is discrimination on a ground that is specifically prohibited under federal law.

Federal law prohibits discrimination on the following bases: race, sex, color, national origin, religion, age, and disability. Federal law also prohibits an employer from retaliating against an employee for exercising his or her right to join a union or take leave under the Family and Medical Leave Act (FMLA). These laws protect citizens from termination, denials of promotion, demotions, and failures to hire, if the motivation for doing so is discriminatory.

Before you consult an attorney, remember that these laws do not guarantee you a right to be treated fairly by your employer. To succeed in court, one must show that he or she was treated unfairly because of his or her race, sex, age, disability, etc. This is often difficult to prove, and an attorney can help navigate you through these difficult waters.

These laws also prohibit harassment on the basis of sex, race, etc. However, remember that offhand comments or occasional offensive remarks do not rise to the level required to violate federal law. The law protects only against “severe or pervasive” harassment.

For any claim of employment discrimination, the first step is to visit your local Equal Employment Opportunity Commission (EEOC) office. A federal court will not allow you to file suit until you have filed a charge of discrimination with EEOC and they have had an opportunity to investigate your claims.

Do you believe you have been the victim of discrimination or harassment in the workplace? James Radford and the attorneys of Parks, Chesin & Walbert have significant experience in this area. Please give us a call to set up a consultation. Our phone number is (404) 873 8000.

Civil rights and the federal courts

jamesradford — Mon, 08 Feb 2010 20:58:56 +0000

Under federal law, a citizen who has been injured due to the unlawful act of a government official possesses a civil right of action. The federal law giving citizens this right is commonly referred to as “section 1983,” based on the law’s place in the U.S. Code: 42 U.S.C. 1983. This law states, in abbreviated form:

Every person who, under color of [law], subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured [. . .]

Section 1983 is used to enforce a wide array of federal rights. These cases include such things as being arrested by a police officer without probable cause; excessive force by a police officer; sexual harassment of a government employee by a high-ranking official; and racial discrimination in government employment.

James Radford and the attorneys at Parks, Chesin & Walbert have significant experience in civil rights law. If you live in the metro Atlanta area, or anywhere in the state of Georgia, and feel you may have experienced a violation of your civil rights by a government official, please give us a call to set up a consultation. Our number is (404) 873-8000.