Constangy, Brooks, Smith & Prophete, LLP

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230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303-1557, United States
Phone: 404.525.8622
Fax: 404.525.6955
Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New Jersey
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
Number of Attorneys
100+ Attorneys

Trump Reportedly Has Chosen His Nominee For NLRB General Counsel

Bloomberg BNA reported last night that President Trump plans to nominate management-side labor attorney Peter Robb to become General Counsel for the National Labor Relations Board, replacing Richard Griffin, whose term expires…more
 /  Elections & Politics, Labor & Employment Law

Wow! Court Invalidates EEOC Wellness Rules

I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission. Yesterday, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion…more
 /  Labor & Employment Law

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,…more
 /  Labor & Employment Law

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31…more
 /  Labor & Employment Law

Oregon Becomes First State To Enact Scheduling-Protection Laws For Service Industry

Following similar local ordinances in New York City, San Francisco, and Seattle, Oregon has become the first state to enact a law restricting the scheduling practices of service-industry employers. On August 8, Gov. Kate Brown…more
 /  Labor & Employment Law

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want to…more
 /  Constitutional Law, Labor & Employment Law

Does DOJ Action On “Race-Conscious” College Admissions Mean Anything For Federal Contractors?

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal…more
 /  Civil Rights, Education, Government Contracting

Employer Loses Defense To EEOC Suit Because It Didn’t Preserve Records

Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened. "If you wait until the sheriff serves you with a summons and complaint, you may have waited too long…more
 /  Civil Procedure, Labor & Employment Law

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of our…more
 /  Civil Rights, Labor & Employment Law

Bummer. NLRB Chairman Miscimarra Is leaving In December

Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year. Chairman Miscimarra said that…more
 /  Elections & Politics, Labor & Employment Law

Employer Beware: When “Good” Isn’t Good Enough (Disability Bias)

Two court decisions came out last week that ought to scare the heck out of employers. Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases because…more
 /  Civil Rights, Labor & Employment Law

Massachusetts Expands Employers' Obligations To Accommodate Pregnant Employees

On July 27, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act. The Pregnant Workers Act (1) requires Massachusetts employers to provide pregnant women and new mothers with “reasonable…more
 /  Civil Rights, Labor & Employment Law

President Trump Endorses RAISE Act, Which Would Reduce Levels Of Legal Immigration And Dramatically Change Existing Immigration Policy

President Trump has recently expressed his enthusiastic endorsement of restrictive immigration legislation sponsored by Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.). The Reforming American Immigration for a Strong…more
 /  Elections & Politics, Immigration Law

You Decide: Why The DOJ Says Title VII Does NOT Prohibit Sexual Orientation Bias

Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which…more
 /  Civil Rights, Labor & Employment Law

Kaplan Confirmed To NLRB – We Now Have An “R-D” Tie

The U.S. Senate yesterday confirmed Marvin Kaplan’s appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board. William Emanuel, a…more
 /  Elections & Politics, Labor & Employment Law
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