Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment Claim

In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a strong rebuke to a plaintiff seeking to temporarily enjoin the district court’s use of summary judgment in Title VII claims. The decision may provide guidance for employers as to what behavior constitutes pervasive harassment in the workplace.

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for claims of intentional discrimination, jettisoning the commonly cited “nearly identical” and “same or similar” standards in favor of a test asking whether comparators are “similarly situated in all material respects.”

New Georgia Law Preempts Predictive Scheduling Ordinances

Georgia’s Minimum Wage Law (O.C.G.A. § 34-4-1 et seq.) already prohibits local governments from requiring employers to pay employees a wage rate that exceeds what is required under state or federal law. This same law also prohibits local governments from requiring employers to provide employment benefits not otherwise required by state or federal law.

Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This new law takes effect on July 1, 2017.