Discrimination Legal Questions

this is a difficult case in that the fire department will argue that you cannot 'do the job'. this will be their defense against 'age discrimination'. the case will be 'fact sensitive'. can you do the job of a fireman ? ed dimon, esq.  thank you for givning me more information. the key is proving that you were discriminated against based upon your age. i would utilize lance lebaron, our private investigator, to take statements from potential witnesses to determine how they would actually testify and to obtain the 'physical evidence' that you passed the tests, etc. ed dimon, esq. 732-797-1600... Read Answer

The answer to your inquiry depends upon the nature of the reason for your hospital visit, whether your employer was covered by the Family Medical Leave Act, and whether you were an FMLA-qualified employee.  If the reason for your hospitalization was serious enough, your employer was covered by the FMLA, and you were an FMLA-qualified employee, then your termination on the basis that you were hospitalized may constitute a violation of your FMLA rights by the employer.  I would be happy to speak with you about the details of your specific situation.   Please feel free to contact me directly at your convenience.  Michael J. Davey, Esq. Eckell Sparks Law Firm mdavey@eckellsparks.com (610) 565-3700... Read Answer

The problem that you have is the company may have a 'pretext' for suspending you or other discipline- the employees working outside of their true jobs. On its face, you do have a possible claim for race discrimination-based activity by your employer. You should consult with qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read Answer

Since it does not appear from the facts that you provided that this contract was entered into in an employment context, then you have no cause of action for age discrimination.   However, you may be able to maintain a cause of action against the bank for fraud, breach of contract or misrepresentation based upon the fact that affirmative representations were made to you that no fees would be charged for 4 years.  However, this will depend upon what is contained in the account documents that you signed when you first signed up.  If the documents that you signed to open the student bank account clearly provide for fees after a certain age, then you may very well be bound by the provisions in the contract no matter what was said, told or promised to you by the representative.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com ... Read Answer

It would be legal to ask, however, if they do ultimately terminate you then the pregnancy knowledge may give rise to a legal claim.  Contact me to further discuss   David L Selby, Esq. The Selby Law Firm, LLC One North Parkway Square Suite 200 4200 Northside Parkway, NW Atlanta, GA 30327 Tel. (404) 365-5694 Fax: (404) 393-6537  david.selby@selbylawoffice.com www.selbylawoffice.com... Read Answer

Unfortunately, sexual orientation is not a protected class under either PA or Federal anti-discrimination laws.  So, if you are being passed up on promotions simply because of your sexual orientation, you would not have a claim for discrimination under either state or federal law.  However, if the other employees who have been promoted over you are all of a different gender, race, nationality, age or religion, and you are otherwise qualified for promotion, then you may be able to make out a claim for a different type of discrimination.  Also, while sexual orientation discrimination is not prohibited under state or federal law, it is prohibited under some local municipal ordinances in Pennsylvania, such as Philadelphia, Allentown and Haverford Township.  So, if you work in a township or city that has prohibited discrimination based on sexual orientation, then you may have a remedy before your local Human Relations Commission.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271  mdavey@eckellsparks.com  www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

If you made your employer aware of your disability and/or requested reasonable accommodations for your disability, then the employer at least has to engage in a good-faith interactive process with you in order to determine whether a reasonable accommodation exists that would enable you to perform the essential functions of your position.  Your employer simply cannot "assume" that you cannot do your job and terminate you.  I would be happy to speak with you in more detail about the specific facts and circumstances of your situation.  Please feel free to call me or email me directly.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

A coop can place restrictions on subleasing a unit owner's apartment. However, as it appears the subleasing has occurred with this apartment for twenty years, then the coop would have a harder time demonstrating it had the right to not approve the sublease- yet, this would have to be determined in court. These cases take time, I can advise from experience, but the unit owner (tenant) would have to be part of the court process, where you could claim discrimination, assuming you can prove the Board member made that statement. Gerry Wendrovsky, Esq. http://www.upperwestsidelawyer.com/... Read Answer

Your employer can require that your doctor's note state whether your return to work after an injury is with or without restrictions as to the work you can perform. This answer should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read Answer