Discrimination Legal Questions

Dear Anonymous,   The Fair Housing Act (FHA) prohibits landlords from discriminating against families with children.  Forcing families with children to live in one area of the property is a violation of the FHA.  If you believe you have been the victim of housing discrimination, there are agencies which can help you with your case, such as the Fair Housing Center of Central Indiana (FHCCI).  If you would prefer to speak with an attorney please feel free to contact me for a free case evaluation.   Chip... Read Answer

This absolutely sounds like pregnancy discrimination. My firm handles pregnancy discrimination cases and you can find more information about pregnancy discrimination here. My law firm represents clients throughout Ohio so please feel free to contact us for a free consultation.   Ohio pregnancy discrimination attorney www.mcoffmanlegal.com... Read Answer

Generally, your employer is obligated under the law to enter into what is called an interactive process with you in order to determine whether a reasonable accommodation can be made. Usually this entails their providing your doctor with a list of your duties so that your doctor can indicate whether and to what extent an accommodation would be medically required for each duty. Bear in mind that if the employer can show that an accommodation would result in a hardship to their business they may be able to deny the accommodation however, if the employer is a large employer this would be unlikely. A refusal on the part of your employer is a violation of the law. You may want to file a complaint with the California Department of Fair Employment and Housing and have them look into the matter. Should you be terminated after having filed this complaint you may also have a claim of unilawful retaliation against your employer. Stephan Math... Read Answer

Under the law your employer has an affirmative legal obligation to engage in an interactive process withyou once they become aware of your disability and a need to  accommodate it. Whether or not they are obligated to provide the accommodation depends on certain factors and generally an employer will not be required to accommodate if the employer can demonstrate that to do so would result in a hardship to the employer..this is usually difficult for most employers to demonstrate. My advice to you at this point is to contact the California Department of Fair Employment and Housing and tell them that you would like to make a complaint of disability discrimination against your employer. Stephan Math, Atty... Read Answer

The key is proving your case. You need a written record of why you were terminated. You must put the employer on notice about your discrimination. Why were you terminated and the other pregnant person allowed to stay ? Ask the question of fellow employees and develop a written record. You need proof. Ed Dimon... Read Answer

This is a difficult area of the law because the social media company does not wish to be involved. You could obtain a Order to Show Cause to stop the publishing of the pictures. The Order is difficult to obtain and expensive. The person would be punished if the published the pictures in violation of the Order. Ed Dimon... Read Answer

Discrimination claims are constitutional. Here, you are making the argument that a person is being denied additional benefits because they are disabled. The person receives benefits based upon their disability and now wants additional benefits. The person receives the basic benefits but does not meet the criteria for additional benefits. This would be policy based on legislation and not discrimination. ... Read Answer

The Older Workers Benefit Protection Act includes the 21- and 45-day deadlines you mention, as well as provisions for informing laid-off employees of the breakdown of the layoff.  However, the OWBPA only requires such notice if the employer wants you to sign a release of your claims under the Age Discrimination in Employment Act.  As for age discrimination, the ADEA prohibits companies with more than 19 employees from discriminating against employees based on their age.  Compensation-based RIFs can be used to obscure age discrimination, but if the decision maker did not consider age, there is no ADEA violation.  Such cases are very fact-specific because they turn on whether you can prove that the decision maker had an unlawful intent.  Please call us to schedule a consultation.... Read Answer

Dear Anonymous,   It is possible that you are experiencing discrimination based on your age (over 40).  In order to make a claim for age discrimination, you must first report it to the Equal Employment Opportunity Commission (EEOC) by filing a Charge of Discrimination.  You can find instructions on how to file a Charge of Discrimination by clicking here.  If you have any specific questions about filing a Charge or what your legal rights are, please feel free to contact me for a free consultation.   Very truly yours,   Chip Clark... Read Answer

the employer can impose certain dress and appearance requirements. your case is more complex because you have a medical condition which makes shaving more difficult. a further complication is connecting the termination of employment to the unshaven condition. the employer will state that the beard had nothing to do with the termination. you would have to connect the beard to the termination. a difficult task. Ed Dimon... Read Answer

You most definitely have an action against IBM for sexual harassment and illegal termination, since you put the company on notice of the offensive behavior, gave them an opportunity to correct it, and they did not correct it adequately. You may also have an action for age and disability discrimination. You should contact an attorney right away since there may be statute of limitations issues, depending upon where you choose to file the case. ... Read Answer

You did not say how your allergy effects you.  Does it cause a rash?  Swelling?  In other words, what happens if you wear the wrong shoes?  How long have you had this condition? It sounds like you would be protected by the ADA.  In other words, you are an individual with a disability because you have a physical condition (allergy, plantar fascitis) that substantially limits a major life activity (walking and other activities.) Because you are "covered" by the ADA, your employer is required to provide a reasonable accommodation that allows you to perform the essential functions of your position.  You need to have your doctor prepare a note or letter to your employer that describes your restrictions and how the employer can accommodate you. For example, he/she might say that in order for you to work on your feet for a normal shift, you need to wear orthotics.   Then, you should prepare a written request for accommodation.  For example, ask your employer to waive the rule that requires you to wear a certain color of shoes.  Attach the doctor's note, make a copy of the whole thing, and turn it in to HR.  They are required to respond to your request.  If they don't like your specific request, they are free to propose another solution. Hope this helps.  ... Read Answer

More information is needed here to determine whether, or not, you and your former co-workers have a client for discrimination.  You also have time limits to file a Discrimination Charge with the EEOC that you must check out (http://www.eeoc.gov/employees/howtofile.cfm).  Contact a local employment law firm to assist you.  My firm (www.generalcounsellaw.com) would be pleased to discuss with you.  I can also be reached at mgreen@gcpc.com.... Read Answer

Dear Anonymous,   You are a member of a protected class (over age 40), and therefore may have a claim for age discrimination under the Age Discrimination in Empoyment Act ("ADEA").  In order to prevail in an age discrimination claim, you must be able to demonstrate that your age was the "but for" reason for your termination.  Just because your employer has told you that the reason for your termination was related to your purchasing of office supplies does not mean that you do not have a case.  These cases are very fact specific and thus require a thorough analysis of the particular employment situation.  If you are interested in a free consultation to discuss your case, please contact me. Chip Clark  PS:  Diane, please give me a call.  I tried to send you an email and it was returned as "undeliverable."... Read Answer

 You will have a difficult time finding a pro bono attorney to do your divorce. You could represent yourself. You could reach out to friends and family and borrow the money for an attorney. You  you could represent yourself. You could reach out to friends and family and borrow the money for an attorney.  You would be well served having an attorney in these difficult situations.  Please call if we can help. ... Read Answer

The carriers should form a group and pool your resources to hire a great private detective to gather the evidenc. We have a wonderful private detective no has 39 years of experience. He would interview the carriers and obtain sworn statement. He would set forth the violations which we could prove. This would give the carriers an objective standard and they could decide if they wanted to spend the money on legal fees. He is ready to investigate. Ed Dimon... Read Answer