Discrimination Legal Questions

The devil is in the details. We would have the burden of proving age discrimination. We would need direct proof of age discrimination and not other issues that the employer can use. Will other employees testify for your mother ? Can your mother use this for increased severance ? That might be a good approach. Please call if we can help. Ed Dimon... Read Answer

i thought i had answered this question. you would have to prove a constitutional violation of discrimination whic means that you were removed because of your race, religion or sexual preference. what would be the basis for your complaint ? were any charges brought against you ? disorderly conduct ? what did the police say you were doing wrong ? please call to discuss. ed dimon 732-797-1600... Read Answer

You can be terminated for any reason or no reason as long as the reason for your termination does not violate a law. In addition, you can be treated differently than another similarly situated employee unless the reason you were treated differently violates a law, such as discrimination based upon age (older worker treated less favorably), gender, pregnancy, disability, race, religion, national origin, color, etc. You may want to consult with an employment attorney if that is the case.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

You may be experiencing disability discrimination. Your employer must engage in the interactive process and provide you with reasonable accommodations to allow you to be able to perform the essential functions of your job. These cases are very fact specific.    Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

i did not mean to offend you with my answer. i do multiple shoplifting cases eaxh month and the 'big box stores' pay high property taxes in the communities and are victims of rampant shoplifting. the municipal judges and prosecutors pay attention to the big taxpayers who are victims. you would be successful if you could prove a pattern of racial discrimination. however, in Ocean and Monmouth counties, the shoplifters are caucasian. please keep me posted regarding your efforts. ed dimon... Read Answer

Your demotion for being late to work while on probation does not sound discriminatory. Discrimination must be because of your age, race, gender, religion, disability, etc. Your employer could have terminated you for being late. It's unfortunate that you were put on the spot when you switched positions. However, that does not give rise to a legal claim.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

If your boss is a jerk and hostile towards everyone, then you likely do not have any legal recourse for a hostile work environment. For a hostile work environment claim, the hostility has to be because of your age, race, gender, disability, religion, etc. Unfortunately, you may not have many options. However, it may be worthwhile to discuss what is happening with an employment attorney.   Ohio employment lawyer www.mcoffmanlegal.com ... Read Answer

The answer is - it depends. Your employer has an obligation to provide you with reasonable accommodations in the same way it would accommodate your other non-pregnant coworkers if they had the same restrictions. Otherwise, you may have a case for pregnancy discrimination among other things. I encourage you to contact my office or another employment attorney to discuss the circumstances further.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

Employers are not allowed to discriminate against employees based on their pregnancy or other related health conditions.  These rules come from the Pregnancy Discrimination Act and the Americans with Disabilities Act.  A doctor’s note you gave to the employer can go a long way toward establishing your right to leave. Virginia is an “employment at will” state, which means that you can quit at any time for any reason or no reason, and you can be fired at any time for any reason or no reason, but not an illegal reason such as pregnancy discrimination. However, if you are not eligible for FMLA leave and have exhausted your sick leave, the employer is not necessarily required to grant you additional leave.  This is a tricky issue and the caselaw and Equal Employment Opportunity Commission interpretations are a bit in flux. Please call us to schedule a consultation so we can discuss in more detail the reasons the employer gave for firing you, the nature of your pregnancy-related illness, and other issues relating to the merits of your case.  ... Read Answer

If you believe you have been the victim of employment discrimination based on race or national origin, you should contact the Equal Employment Opportunity Commission ("EEOC").  Here is a link to the Indianapolis office of the EEOC along with contact information. http://www.eeoc.gov/field/indianapolis/... Read Answer

Unless you are morbidly obese (100% over the ideal weight for someone of your height), then there is no protection from discrimination. Morbid obesity has been classified as a disability, meaning you cannot be discriminated against so long as you are able to perform the essential functions of the job with or without reasonable accommmodations. Ohio employment attorney www.mcoffmanlegal.com   ... Read Answer

you have two legal issues whic are colliding. the employer can change the job requirements based upon the marketplace. the employer cannot discriminate against you based upon being female. it is very difficult to prove the difference in that the employer will use the 'marketplace' reasons to support the behavior. ed dimon, esq. 732-797-1600... Read Answer

Employers cannot discriminate on the basis of religious beliefs or lack thereof. Below is a link to information from the EEOC about religious discrimination.   Ohio employment discrimination attorney www.mcoffmanlegal.com    http://www.eeoc.gov/laws/types/religion.cfm ... Read Answer

You should contact an employment attorney. If driving is not required in order to perform the duties within the assistant manager position, then you may have a legal claim against your employer based upon disability discrimination.    Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

I would have the 2007 charge expunged so that you can legally answer, after the expungement, that you have never been arrested. After the expungement, I would explain to employers that I had the charge removed from my record. We do three expungements per week. The cost is $1500. Ed Dimon. Esq. 732-797-1600... Read Answer

i would apply for the job as a 'veteran' and see what happens. if they deny you because of your age, the case may have merit. one cannot be turned down based upon age. i would make a careful record of what happened. the key is not getting the position based upon age. please let me know what happens. ed dimon, esq. 732-797-1600... Read Answer

Hostile work environment claims must be related to pregnancy. The EEOC just issued new guidance related to employers' obligations to accommodate pregnant employees. In addition to prohibiting pregnancy discrimination under the Pregnancy Discrimination Act, your wife could potentially have claims under the FMLA (if the employer has 50+ employees) or the ADA. My firm represents employees throughout the State of Ohio in employment discrimination matters. Feel free to call my office. Ohio Employment Attorney www.mcoffmanlegal.com... Read Answer