Latest news with #EricArtrip
Yahoo
06-06-2025
- Business
- Yahoo
‘Discrimination isn't exclusive to one race': Local attorney weighs in on new Supreme Court ruling
HUNTSVILLE, Ala. (WHNT) — A unanimous Supreme Court decision Thursday makes it easier for people to pursue reverse discrimination lawsuits. 'The case kind of stands for the unexceptional proposition that racism and discrimination is not exclusive to one race or sexual orientation,' Mastando & Artrip Employment Attorney Eric Artrip said. Tuberville raised $1.9 million on first day of governor bid, $3 million in first week The Supreme Court ruled in favor of a straight Ohio woman who claimed she was passed over for work opportunities because of her sexual orientation. She said she did not receive a promotion and was subsequently demoted from her position, with LGBTQ+ candidates, who Ames said were less qualified, filling both roles. Marlean Ames has worked at the Ohio Department of Youth Services since 2004. Initially, lower courts decided against her, ruling that she did not have enough evidence to prove her case, thus driving it upwards. The Supreme Court ruled in Ames' favor, saying that the lower courts requiring a higher burden of proof for plaintiffs in majority groups violates Title VII. 'By establishing the same protections for every 'individual' — without regard to that individual's membership in a minority or majority group — Congress left no room for courts to impose special requirements on majority-group plaintiffs alone…In other words, courts with this rule have enshrined into Title VII's antidiscrimination law an explicitly race-based preference: White plaintiffs must prove the existence of background circumstances, while nonwhite plaintiffs neednot do so. Such a rule is undoubtedly contrary to Title VII, and likely violates the Constitution, under which 'there can be no such thing as either a creditor or a debtor race.'' Justice Kentaji Brown Jackson, Opinion of the Court in Ames v. Ohio Dept. of Youth Servs. 'There were three Judicial Circuits that required more evidence to establish discrimination if you were male or Caucasian,' Artrip said. 'The ruling today says that that is no longer valid or required.' 📲 to stay updated on the go. 📧 to have news sent to your inbox. Artrip said about 85% of the cases he covers are workplace discrimination lawsuits. When it comes to that burden of proof, he said it's rare that employers are outwardly discriminatory. Thus, most evidence is circumstantial. 'If her supervisor had said, 'We're not going to promote you because we are looking for a gay female in that role,' that would be direct evidence of discrimination,' Artrip said. 'We don't get a lot of those. So, typically, what we do is we look at the circumstances surrounding the failure to promote or the decision to terminate, and say that was a motivating factor in that decision.' While Artrip said the ruling simply states that everyone is protected under Title VII, he argues the ruling takes another swing at DEI. 'This decision may make it easier for Caucasians to sue for failure to promote or failure to hire,' Artrip said. 'It's really another blow to diversity, equity and inclusion initiatives.' Several Supreme Court Justices wrote concurring opinions to Justice Jackson's opinion. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-02-2025
- Business
- Yahoo
Gateway Place residents file lawsuit after 2024 burst-pipe flood
HUNTSVILLE, Ala. (WHNT) — A class action lawsuit filed Wednesday detailed the suffering Gateway Place residents claim they've endured over the past six months after a pipe burst inside their building in July 2024. 'They really are our most vulnerable population,' Attorney Eric Artrip with Mastando & Artrip said. 'And to be treated in this fashion we think is unfair.' 📲 to stay updated on the go. 📧 to have news sent to your inbox. Residents of Gateway Place Apartments were displaced after a pipe burst inside the apartment complex on July 31, 2024. They jumped from hotel to hotel for months waiting for the apartments to be repaired. Some residents said their belongings were destroyed by water damage. Artrip said the lawsuit seeks complete repairs to affected apartment units, financial compensation for the suffering and loss of residents and reimbursement of several months of rent they paid while displaced. 'One of the things we're seeking to address in the lawsuit is the idea that these tenants were asked to continue to pay rent, 'save their spot' in the apartment complex while their apartments were being renovated, even though they were placed in a very shabby hotel situation for many months,' Artrip said. 'We think that money should be returned to them and, their belongings should be paid for.' The lawsuit names the property owners, Huntsville Senior Housing L.P.; property management, Integral Group LLC.; and plumbing contractor, Lee Company. The suit claims the property owners and managers failed to provide a livable space that was not flooded and mishandled the flooding issues. Artrip said the failure violated the Alabama Uniform Residential Landlord and Tenant Act. 'The property owner has the obligation to present a tenancy, or a place to live, that's going to be habitable,' Artrip said. 'And that means I can live there without my belongings being destroyed or my bedroom being flooded. They failed to do that. And, when they did, they breached Alabama law.' The lawsuit further said that Lee Company breached its contract by poorly managing the plumbing. The lawsuit states: 'Defendant Lee Company materially breached its contractual obligations by negligently performing plumbing work at Gateway Apartments, specifically by failing to properly install, secure, and inspect plumbing components, including but not limited to the improper tightening of an aluminum worm gear hose clamp, which directly led to the catastrophic flooding event.' Only three residents have joined the lawsuit so far, but it is a class action case. Artrip expects more residents will sign up. 'They were all subject to the same harm, that being their apartment being flooded,' Artrip said. 'And none of them have been reimbursed for the additional living expenses or any of their belongings that were destroyed in the flood.' When asked for a statement, the Integral Group, LLC. said: 'We are aware of the lawsuit that has been filed, and do not comment on active litigation.' Richard White, Senior Vice President Lee Company did not respond to a request for a statement. The lawsuit was filed in the Madison County Circuit Court. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
