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Georgia Pacific must face HR worker’s retaliation claims, court says

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Georgia Pacific must face HR worker’s retaliation claims, court says


  • Retaliation protections prolong to HR staff, courtroom guidelines
  • Supervisor claims she was fired for testifying in opposition to former employer

(Reuters) – A U.S. appeals courtroom on Tuesday rejected claims that human assets managers are exempt from the federal legislation banning retaliation in opposition to staff who report discrimination, and revived a lawsuit in opposition to Georgia Pacific LLC.

A unanimous three-judge panel of the eleventh U.S. Circuit Court docket of Appeals stated an Alabama federal choose made two key errors in dismissing HR supervisor Marie Patterson’s lawsuit. She had accused the paper merchandise firm of firing her after she gave testimony in a being pregnant discrimination lawsuit in opposition to her former employer.

The panel stated the choose was mistaken to search out that Title VII of the Civil Rights Act of 1964 doesn’t protect HR managers who “oppose” discrimination in the middle of performing their job duties, and despatched the case again to him for additional proceedings.

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“Opposition is opposition, whether or not the opposer is drawing a supervisor’s wage or not,” Circuit Choose Ed Carnes wrote.

The choose additionally erred in holding that as a result of Patterson had testified in opposition to her former employer, and never Georgia Pacific, her conduct was not protected by Title VII, the eleventh Circuit stated.

The courtroom’s conclusions squared with arguments made by the U.S. Equal Employment Alternative Fee, which filed a quick backing Patterson final 12 months.

Patterson’s lawyer, Kurt Kastorf, didn’t instantly reply to a request for remark. Nor did Atlanta-based Georgia Pacific.

Patterson sued Georgia Pacific in 2018, claiming her supervisors fired her days after studying that she had lately been deposed in a discrimination lawsuit in opposition to a Texas hospital operator that had beforehand employed her as an HR official.

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Georgia Pacific has stated Patterson was fired for poor efficiency and extreme absences.

Title VII prohibits retaliation in opposition to staff who’ve “opposed any observe” barred by the legislation or participated in a discrimination investigation or lawsuit.

U.S. District Choose Jeffrey Beaverstock in Cell, Alabama stated in 2020 that as a result of Patterson had testified in opposition to her former employer, she couldn’t maintain Georgia Pacific accountable for retaliation.

The choose additionally stated that human useful resource managers don’t have interaction in protected exercise after they oppose discrimination in the middle of their job duties, versus in the event that they file private complaints. Since Patterson’s job was to scrutinize her employers’ insurance policies and deal with complaints, her conduct was not coated by Title VII, Beaverstock stated.

However the eleventh Circuit on Tuesday stated that exception didn’t exist wherever within the textual content of Title VII, and what issues beneath the legislation is staff’ conduct and never their job titles. No less than three different federal appeals courts have additionally rejected a so-called “supervisor exception.”

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And Title VII broadly protects staff who oppose any illegal observe, and never solely these allegedly dedicated by their present employers, Carnes wrote for the courtroom.

The panel included Circuit Judges Robin Rosenbaum and Jill Pryor.

The case is Patterson v. Georgia Pacific LLC, eleventh U.S. Circuit Court docket of Appeals, No. 20-12733.

For Patterson: Kurt Kastorf of Legislation Workplace of Kurt G. Kastorf

For Georgia Pacific: Yendelela Holston of Kilpatrick Townsend & Stockton

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Daniel Wiessner

Thomson Reuters

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Dan Wiessner (@danwiessner) stories on labor and employment and immigration legislation, together with litigation and coverage making. He may be reached at daniel.wiessner@thomsonreuters.com.



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Georgia

JA of Georgia will celebrate local business owners at annual fundraiser

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JA of Georgia will celebrate local business owners at annual fundraiser


Liz Wright started with The Augusta Press in May of 2022, and loves to cover a variety of community topics. She strives to always report in a truthful and fair manner, which will lead to making her community a better place. In June 2023, Liz became the youngest recipient and first college student to have been awarded the Georgia Press Association’s Emerging Journalist of the Year. With a desire to spread more positive news, she especially loves to write about good things happening in Augusta. In her spare time, she can be found reading novels or walking her rambunctious Pitbull.



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1974 Alive at Georgia Tech

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1974 Alive at Georgia Tech


Nine months after the sold-out show at Tech, Yes played at The Omni Nov. 30 for more than 16,000 fans. The next night, rock icon David Bowie performed the final show of his Diamond Dogs tour at the same arena — and within a year of their Fall 1974 shows, KISS and Lynyrd Skynyrd would each return to Atlanta as headliners at The Omni.

Throughout the 1970s, Tech would continue to host many of the decade’s most prominent bands and artists at Alexander Memorial Coliseum and Bobby Dodd Stadium. The Dog Day Afternoon festival in 1977 and Alex Cooley’s Champagne Jam concerts in 1978 and 1979 brought massive, sweaty crowds of music fans to campus for acts including Atlanta Rhythm Section, Bob Seger, Cheap Trick, Foreigner, Heart, The Cars, and Aerosmith.

The Georgia Tech Athletics Association has continued to open its facilities for music promoters in years since, and Tech has hosted Dolly Parton, Bob Dylan, Pink Floyd, Ludacris, Big Boi, and the Rolling Stones (twice!). “We are approached periodically about hosting external events, including concerts featuring popular acts,” an Athletics spokesperson said. “We are proud to provide great entertainment opportunities for the Georgia Tech community and are always looking to drive revenue that can help us provide additional resources for our student-athletes.” Most recently, Athletics welcomed thousands of Yellow Jacket supporters and music fans for the Helluva Block Party series of pregame concerts on North Avenue.

Five decades on, many of the bands whose sounds reverberated within the metal rafters of Alexander Memorial Coliseum are revered by millions. Auslander explained why he thinks the popular music of the 1970s persists. “Today, there are more shared musical tastes and experiences across generations than in the past. Youth in the 1970s mostly rejected the music and culture of their parents — now, we see parents and their children listening to the same music and going to concerts together,” he said.

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Although his football experience was cut short due to injury, Ken Smith studied building construction, industrial management, and mechanical engineering at Tech and ran a successful HVAC company in the Augusta area. Over the past 50 years, Smith has seen the Doobie Brothers live more than 30 times, as well as Chicago and Lynyrd Skynyrd.

And Ned Barbre has continued returning to the Tech campus for concerts, including Pink Floyd, Jimmy Buffett, Arlo Guthrie, and the Stones.

Having experienced more than 40 KISS concerts from 1974 through the band’s farewell tour, David Dean said, “I will always remember that first show at Georgia Tech.”

 




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Georgia's tourism industry hit by loss of Israeli visitors

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Georgia's tourism industry hit by loss of Israeli visitors


“Bookings have been cancelled, and projections for new bookings are very low” according to one restauranteur.

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Georgia’s summer season has begun but a significant share of visitors are missing: Israelis.

The ongoing war between Israel and Hamas has meant Israelis are less able or unwilling to travel internationally. This drop in numbers is being felt in Georgia which usually welcomes many visitors from Israel.

“The loss is noticeable. The situation in the region has affected the number of tourists from Israel,” says Levan Giorgadze from Tbilisi Free Walking Tours.

“Compared to previous years, the number of tourists from Israel has decreased noticeably. I wouldn’t say that they don’t come at all anymore, it’s just, of course, in smaller quantities.”

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Georgia’s capital Tbilisi is popular year-round with tourists, while the beaches along the Black Sea coast are a popular summer holiday destination.

Shota Burjanadze, Chairman of the Georgian Restaurateurs Association, expressed similar worries: “Bookings have been cancelled, and projections for new bookings are very low. Therefore, unfortunately, this year will not live up to expectations.”

But not everyone agrees. Maia Omiadze, Head of Georgia’s Tourist Association, believes the summer will be busy, bustling and successful. She notes that the 15 places from which tourists visit the most include Georgia‘s neighbouring countries, Persian Gulf nations and the European Union.

“The data for the first quarter of 2024 was very positive. This result allows us to have high expectations and to assume that the second quarter, the summer season and the general trend towards the end of the year in the tourism industry will be very positive,” she says.

“We expected tourists mainly from Asia, Persian Gulf and European countries. European countries made up 5% of the total number. Today, tourists are mainly expected to visit Adjara and are largely coming from our neighbouring countries, Turkey, Armenia and Russia,” Maia adds.

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Office for National Statistics data for the first quarter of 2024 shows these nations still hold the top three places for the most number of visitors to Georgia.

Watch the video above to see more about Georgia’s tourism industry in 2024.



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