In Alabama, employees witnessing unlawful or unethical practices have a powerful ally: the SEC Whistleblower Program. This program is a beacon of hope, offering protection and incentives for individuals who come forward with valuable information. Our firm can help you through this complicated process and be your advocate. What is the SEC Whistleblower Program? The SEC Whistleblower Program, established under the Dodd-Frank Wall Street Reform and Consumer Protection Act, encourages individuals to report possible violations of the federal securities laws. A whistleblower may receive an awar ..read more

Settle EEOC Sexual Harassment and Retaliation Case The U.S. Equal Employment Opportunity Commission (EEOC), announced on May 27, 2022, that a Michigan-based company will pay $175,000 as well as provide other relief to settle a sex discrimination and retaliation lawsuit. The EEOC charged Konos, Inc., with violating federal law by subjecting a female employee to a sexually hostile work environ­ment and then retaliating against her because she complained. (https://www.eeoc.gov/newsroom/konos-agrees-pay-175000-settle-eeoc-sexual-harassment-and-retaliation-case) According to the EEOC’s lawsuit, a m ..read more

“Whistleblowing” or reporting an employer’s violations of internal revenue laws is a method of uncovering tax fraud.  Often, employees closest to a company are the first to notice an employer’s non-compliance with tax laws. The Taxpayer First Act (“TFA”) provides protection for a tax whistleblower who uncovers an employee’s non-compliance with internal revenue laws, including tax fraud and underpayment of taxes.  The Occupational Safety and Health Administration (OSHA) handles complaints of retaliation submitted under the TFA. Who is protected from retaliation? The TFA guarantees pro ..read more

Both federal and state laws protect against wage discrimination based on sex. The passing of Alabama’s Clarke-Figures Equal Pay Act (CFEPA) also forbids wage discrimination based on sex and race. Do I have a claim under the federal EPA or Alabama’s CFEPA? Under the federal Equal Pay Act, 29 U.S.C. § 206(d), a plaintiff must show the following: The Employer pays different wages to employees of opposite sexes; The compared employees perform equal work on jobs that require equal skill, effort, and responsibility; and The compared jobs are performed under similar working conditions. Alabama’s C ..read more

Dillard’s, Inc., a well-known department store chain based out of Little Rock, Arkansas, will pay $900,000 to settle a lawsuit brought by the EEOC for alleged failure to promote African American employees based on race.  The EEOC also alleged that Dillard’s discriminated in its intern-selection process based on race. In its suit against the company, the EEOC contended that Dillard’s failed to promote black employees into supervisory and management positions and failed to hire black interns, displaying signs of systemic Race Discrimination.  According to the EEOC, Dillard’s violated T ..read more

The EEOC recently settled a pregnancy discrimination lawsuit it filed on behalf of a female employee against an apartment complex located in Montgomery, Alabama.  The settlement required the management company to pay $42,500.00 and comply with other training obligations by mandated by the EEOC. In January 2018, Multi-South Management took over a large apartment complex in Montgomery, Alabama.  On the day the company began operations, Multi-South terminated a pregnant female employee. This employee had worked as the community director for this apartment complex for the last ..read more

“An employer who fires an employee merely for being gay or transgender defies the law.” – Supreme Court Justice Neil Gorsuch The Supreme Court kicked off Pride Month 2020 in a meaningful way.  On June 15, 2020, the Court issued the landmark holding of Bostock v. Clayton County, Georgia.  The Court ruled that Title VII of the Civil Rights Act clearly protects employees from discriminatory acts and workplace harassment based on the employee’s sexual orientation or transgender identity. Bostock v. Clayton County, Georgia, consolidated three cases brought to the Court’s attention ..read more

After an employee has suffered from discrimination, sexual harassment, or unlawful retaliation in the workplace, one of the immediate key issues is whether they should report the issue to their employer. This is a critical issue and one that must be handled properly to ensure a positive outcome for the employee. While each employer is different many companies provide a specific procedure for reporting incidents of discrimination and harassment. This may be a specific individual such as a supervisor, Human Resources representative, or even an employee hotline phone number. This information may ..read more

Protection from religious discrimination is found in Title VII. Title VII requires employers to reasonably accommodate an employee’s religious beliefs unless doing so would impose an undue hardship. Recently, a Florida hotel dishwasher received a federal court jury verdict awarding her damages for religious discrimination. Marie Jean Pierre worked as a dishwasher at the Conrad Miami hotel, previously managed by Hilton, for nearly 10 years. Ms. Pierre stated in her complaint, that when she began her employment, she notified her supervisor that she was unable to work on Sundays. M ..read more

Our Birmingham, Alabama employment law firm routinely represents individuals through the EEOC process.  We often get asked whether an individual should hire a lawyer to file an EEOC Charge or simply do it on their own.  While there is no requirement to hire an attorney to file an EEOC Charge and many people successfully handle the process independently, there are advantages to involving a lawyer from the beginning. First of all, hiring an employment lawyer from the beginning allows you to make sure that you are considering all of your potential legal claims and starting to build your ..read more