Successes

 

Summary Judgment for the Alleged Harasser

 

In a case involving allegations of sexual harassment, the firm successfully secured summary judgment on behalf of a supervisor based on testimony from other employees that the supervisor harassed both male and female employees.  Although the supervisor denied all allegations, the Northern District of Georgia agreed with the firm that the plaintiff could not prove that she was harassed based on her sex because the record, viewed in the light most favorable to the plaintiff, showed that the supervisor equally harassed men and women.  Additionally, the Northern District of Georgia also agreed that, although the law was clear at the time of the alleged harassment that same-sex harassment violated Title VII, a constitutional right to be free from same sex harassment had not been established by the courts.

 

No Payment in FLSA Lawsuit

 

The firm vigorously defended a temporary staffing agency in a collective action lawsuit brought by over 630 individuals.  The plaintiffs alleged they were not paid wages and associated overtime under the FLSA for wait and travel time.  The case resulted in a settlement which required no payment by the firm’s client.

 

No Liability for Employer

 

In a case involving the issue of whether an employer was liable for failing to conduct a full pre-employment background check on a supervisor later accused of rape and sexual harassment, the firm successfully secured summary judgment on behalf of the employer.  Specifically, the Northern District of Georgia agreed that the plaintiff failed to identify any evidence to support her claim against the employer, resulting in summary judgment. 

 

Early Investigation is the Best Defense

 

After allegations of sexual harassment and discrimination, the firm undertook an early investigation into the workplace, including identifying witnesses and key documents, in order to develop litigation strategy prior to suit being filed.