Attorney J. Stephen Mixon, Esq. concentrates his practice in the areas of employment law. Mr. Mixon is best known as one of Georgia 's most successful advocates of women in sexual harassment cases. Additionally, Mr. Mixon represents both employers and employees in race discrimination cases, non-compete agreements, and other contract disputes.
Attorney J. Stephen Mixon, Esq. is a graduate from Oxford College and Emory University (1989), in Atlanta, GA, and the University of Georgia School of Law (1992) in Athens, GA. Upon graduation, Mr. Mixon served as a staff attorney for the Honorable Senator Strom Thurmond in the United States Senate where he worked for Senate Judiciary Committee. Mr. Mixon then served as the Law Clerk for the Honorable Deborah Benefield on the Superior Court in Clayton County . Upon completion of his clerkship, Mr. Mixon was hired by the law firm Foster & Foster, PC where he represented Clayton County, Georgia, the city of Riverdale and other municipalities as well as many of Georgia's largest corporations such as Georgia Power in lawsuits throughout metro Atlanta in both our state and federal courts. Mr. Mixon has also served as in house counsel for Racetrac Petroleum. In 1998 Mr. Mixon opened his own firm which is now Millar and Mixon, LLC
Mr. Mixon is best known as one of Georgia 's most successful advocates of women in sexual harassment cases where he has represented hundreds of women in complex cases of all types.
Sexual Harassment:
Sexual harassment, like other forms of discrimination or harassment on the basis of race, national origin, age, or disability, is barred by a federal law called Title VII. http://www.eeoc.gov/policy/vii.html Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Examples of sexual harassment include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. See the EEOC website for more details: http://www.eeoc.gov/types/sexual_harassment.html
There are two basic types of sexual harassment. The first type of sexual harassment is called Hostile work environment sexual harassment. This form of harassment occurs where an employee, because of his or her gender, is subjected to an atmosphere of unwelcome conduct (this can be words or actions) that unreasonably interferes with the employee's work performance or otherwise creates an intimidating, hostile, or offensive work environment.
The second form of sexual harassment is called quid pro quo sexual harassment. This form of sexual harassment occurs where an employee is required to submit to unwelcome sexual conduct as a condition of his or her employment, or in order to gain some tangible job benefit. For instance, if a superior demands that you have sex with him in order to be considered for a promotion then he would be guilty of quid pro quo sexual harassment.
Generally, in order to violate the law, the sexual harassing behavior must establish certain criteria. First, the sexual harassment must be unwelcome and offensive to the complaining party/employee. Therefore, if the complaining party/employee has participated in telling the sexual jokes that she is complaining about or has engaged in a consensual sexual relationship with the co-worker she is complaining about, this evidence will be used by the employer to argue that the harassment was welcome. Second, the complaining party/employee must show that the employer knew or should have known of the sexual harassment. This does not mean that the complaining party/employee must have complained about the sexual harassment in order to recover. For example if the harassment occurred to others employees in the past or the harassment occurred in front of supervisors. etc. that may be sufficient notice to the employer. Third, the employer must establish that after the employer knew or should have known of the sexual harassment, they failed to take prompt remedial action.
Lastly, it is illegal for an employer to retaliate against a complaining party/employee for bringing a complaint or legal claim of sexual harassment, just as it is illegal for the harasser to retaliate against the employee.
If you are the victim of sexual harassment, contact Attorney J. Stephen Mixon, at Millar and Mixon, LLC today for a free initial consultation 770-955-0100.
Race Discrimination:
Race Discrimination like other forms of discrimination or harassment is barred two federal laws, Title VII http://www.eeoc.gov/policy/vii.html and 42 USC 1981. These laws make it illegal for employers, including state and local governments to make employment decisions on the basis of an individual's race. Race discrimination can include: racial harassment, failure to hire or promote, creation of a racially hostile work environment, and/or termination due to race.
It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment See the EEOC Race and Color Discrimination Manual http://www.eeoc.gov/policy/docs/race-color.html
Harassment:
Federal law prohibits offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color. The conduct has to be unwelcome and offensive, and has to be severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment.
Compensation and Other Employment Terms, Conditions, and Privileges
Federal Law prohibits discrimination in compensation and other terms, conditions, and privileges of employment. Therefore, race or color discrimination may not be the basis for differences in pay or benefits, work assignments, performance evaluations, training, discipline or discharge, or any other area of employment.
Retaliation
Employees have a right to be free from retaliation for their opposition to discrimination or their participation in an EEOC proceeding by filing a charge, testifying, assisting, or otherwise participating in an agency proceeding.
If you have been discriminated against on the basis of your race, contact Attorney J. Stephen Mixon, at Millar and Mixon, LLC today for a free initial consultation 770-955-0100.
Business Litigation:
If you or your business needs representation against another business over a contract dispute, business fraud, business torts, financial accounting irregularities, government investigations, technology and intellectual property disputes, copyright infringement, professional malpractice, or shareholder disputes you should contact J. Stephen Mixon, Esq. of Millar and Mixon, LLC. Mr. Mixon and his team have represented small businesses and individuals throughout the Southeast in complex cases of all forms listed above. Mr. Mixon is an experienced Atlanta business litigation attorney who is skilled in trying business contract and torts claims Mr. Mixon is committed to providing legal services of the highest quality for a fraction of the cost you would pay with a large downtown Atlanta firm.
If you have a business litigation question concern contact J. Stephen Mixon, at Millar and Mixon, LLC today for a free initial consultation 770-955-0100.
Non-Compete Agreement and/or Severance Package Reviews:
Employers are increasingly trying to prevent their employees from leaving their employment and competing with them. Whether these agreements are enforceable or not in Georgia are matters often hotly contested. J. Stephen Mixon, Esq. of Millar and Mixon, LLC has extensive experience in representing both Employers and Employees in these matters. Unless the severance package/ non-compete agreement review implicates one of the types of discrimination claims, we handle these reviews on an hourly basis only.
If you have a Non-Compete Agreement or a Severance Package that you would like us to review contact J. Stephen Mixon, at Millar and Mixon, LLC today for a free initial consultation 770-955-0100.
Profile and background:
Attorney J. Stephen Mixon, Esq. is a graduate from Oxford College and Emory University (1989), in Atlanta, GA, and the University of Georgia School of Law (1992) in Athens, GA. Upon graduation, Mr. Mixon served as a staff attorney for the Honorable Senator Strom Thurmond of the State of South Carolina . Mr. Mixon then served as the Law Clerk for the Honorable Deborah Benefield on the Superior Court in Clayton County . Upon completion of his clerkship, Mr. Mixon was hired by the law firm Foster & Foster, PC where he represented Clayton County, Georgia, the city of Riverdale and other municipalities as well as many of Georgia's largest corporations such as Georgia Power in lawsuits throughout metro Atlanta , and our federal courts. Mr. Mixon has also served as in house counsel for Racetrac Petroleum. In 1998 Mr. Mixon opened his own firm which is now Millar and Mixon, LLC.
Attorney J. Stephen Mixon practices in Atlanta, GA., and all over metro Atlanta including Marietta, Ga, Douglasville, GA., Decatur, Ga. Forest Park, Ga., Riverdale, GA., Fayetteville, GA., and McDonough, GA.
Areas of practice
Employment Litigation 100%
