Partner Brian Sutherland has secured a $795,000 settlement between the Georgia Department of Natural Resources (DNR) and a former employee to resolve claims of Americans With Disabilities Act, Family and Medical Leave Act and Georgia Whistleblower Act violations. This resolution represents a significant development in the pandemic-era landscape.

Sutherland represented plaintiff Michelle McLaurin in bringing a federal complaint against the Georgia DNR. McLaurin, a budget analyst with 24 years of service, alleged retaliation following her request for permanent telework accommodations due to being disabled and immunocompromised during the pandemic. The department denied her request, citing political reasons, and forced her to take FMLA leave instead of allowing her to continue working remotely.

The BSBB legal team sought back pay, lost economic benefits, liquidated damages, compensatory damages for emotional pain and suffering, punitive damages, reinstatement, injunctive relief and attorney’s fees and costs on McLaurin’s behalf.

“The COVID-19 pandemic was not Las Vegas–what happened then matters now. Despite all arguments, we demonstrated that successful remote work experience impacts what the law will recognize as essential job functions,” Sutherland said.

Atlanta litigators and partners Drew Beal and Milinda Brown successfully obtained a settlement after more than two decades of litigation for a transgender patient who alleged discrimination and mistreatment by staff at Riverwoods Behavioral Health.

Filed on behalf of Samantha Jolley, a transgender woman, the federal complaint outlined various abuses, including denial of critical medication, a non-consensual strip search conducted by male staff members and ongoing mockery regarding her transgender identity. The case, filed in the U.S. District Court for the Northern District of Georgia, cited Section 1557 of the Affordable Care Act and included state tort claims based on Jolley’s treatment.

The matter concluded with a confidential settlement reached after extensive pretrial proceedings. Beal and Brown, who led the litigation, expressed hope that this case underscores the importance of treating transgender individuals with dignity in health care settings.

Jolley is pleased with the settlement, and according to Beal and Brown, “[S]he feels that she has helped send a message to businesses, especially in the medical field, of the need to maintain respect for the rights and dignity of transgender persons."

Drew Beal and Milinda Brown secured another significant victory for their clients, Nicole Wade, Jonathan Grunberg and G. Taylor Wilson, in the ongoing legal battle against L. Lin Wood after he was accused of concealing a $4 million asset. On Sept. 25, U.S. District Judge Michael L. Brown granted an emergency hearing following accusations that Wood falsely claimed he could not post a more than $4.7 million bond to stay the appeal of a $3.75 million defamation verdict. The hearing, set for Oct. 3, will address Wood’s misrepresentation of assets and the recent sale of his Huspah Plantation property.

Beal expressed the firm’s satisfaction with the judge’s decision, highlighting their commitment to protecting their clients' rights during the appeal process.

"We feel that our response to their motion for bond really sets forth our position," Beal said.

Having represented clients from the Equal Employment Opportunity Commission to the U.S. Supreme Court, Brian J. Sutherland is an established trial and appellate civil rights attorney in Georgia and Washington. Sutherland joins ALM’s Legal Speak podcast to share critical advice for employers embroiled in legal disputes with employees, emphasizing the importance of evaluating the costs, risks and potential outcomes before deciding whether to continue fighting or settle. His insights offer practical guidance for businesses navigating these challenging situations.