Discrimination Legal Questions

  Your employer is being advised by an excellent employment attorney. The employer is making a record which will be difficult to defeat. The employer is making the appropriate legal actions so that it appears that the situation is being properly addressed. The employer will have a record of these proper actions and will argue that every opportunity was given to you. The key to your success is making a better record with better legal advice. This does take time and discipline. We would advise you from behind the scenes . Please call to discuss. Ed Dimon... Read Answer

Yes. There can be different policies for different positions. You would have to identify an unlawful reason for the different policies such as age, race, gender, disability, pregnancy, religion, etc. If the different policies are motivated by any of these other reasons, then you may have a case.    Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

Discrimination is when you are treated differently because being part of a particular group, NOT because you don't get what you want based on being a member of that group.  If your employer gave others who were of another religion the same time off, but not you because of your religion, it would be discrimination.  But in this instance, you have a job, it requires you to work on weekends, they won't give you time off.  That is NOT discrimination and does not violate your civil rights.... Read Answer

I would need more details to answer your question. Discrimination is based upon a constitutional requirement. For example, there cannot be discrimination based upon race color creed or religious preference or sexual orientation. Is the preference about what you're speaking based upon any of these constitutional protections ? Please call to discuss.... Read Answer

Probably not because your claim would need to be failure to hire based upon some type of discrimination. If you don't apply, then you are only assuming you would not be hired. The only way you may have a case is for a discriminatory job posting.    Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

It's anyone's guess. Every case is different. A lot depends on the investigator also. The EEOC is overburdened with the number of charges filed so it would be a good idea to consult with an employment attorney to see if they would like to take on the case and pursue recovery through litigation. You may request the notice of right to sue within 180 days of filing. However, an attorney may be able to request it early.   Ohio employment lawyer www.mcoffmanlegal.com ... Read Answer

It appears you were treated differently than a similarly situated coworker. You must prove that the reason you were treated differently was an unlawful reason such as age, race, gender, disability, religion, military status, etc. Otherwise, this was just unfair treatment and not protected employment discrimination. If the disparate treatment was motivated by an unlawful reason contact my office for a free consultation.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

You need to discuss what occurred with an employment attorney who handles sexual harassment cases immediately. My office offers free consultations and we represent employees throughout the State of Ohio. You may call my direct line at 614-949-1181.   Ohio sexual harassment attorney www.mcoffmanlegal.com ... Read Answer

You need to contact an employment attorney immediately. More information is needed as far as how long your mother has been employed, how many employees her employers has, etc. Your mother may be entitled to FMLA leave to cover overtime if her doctor states that the overtime hours affect her kidney disease. Your mother is entitled to 12 weeks of FMLA leave which can be used intermittently. Feel free to call my office for a free consultation.    Ohio FMLA attorney www.mcoffmanlegal.com ... Read Answer

As you might suspect, you could potentially have a valid Pregnancy Discrimination Act claim against your former employer. These inquiries tend to be very fact intensive.  A good question to ask in your case is how your employer has treated other employees who have made mistakes billing but are not pregnant.  Have those employees been retained?  Such an employee is a comparator for the purposes of discrimination claims. If non-pregnant employees have been retained in similar circumstances, it strengthens the claim that you were discriminated against based on your pregnancy. ... Read Answer

Unless you are being discriminated against for a reason that falls within a protected class (age, race, gender, pregnancy, disability, religion, national origin, color, etc), then you do not have a legal claim against your employer if they were to order you to change your hair and punish you if you did not. Your rights are that you can find another workplace where you can have pink hair.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

The federal Pregnancy Discrimination Act makes it unlawful to discriminate against an employee based on pregnancy status.  However, it only applies to employers with 15 or more employees.  The Family and Medical Leave Act would also require the employer to give you at least six weeks off, if the employer has 50 or more employees and you have been working there full time for a year.  There may be applicable state laws or local ordinances that could offer protection if the employer has a lower number of employees.  These cases are very fact intensive.  Please call us to schedule a consultation. In the meantime, if you resign, even under some pressure, you may not be eligible for unemployment benefits, and a resignation may cut off your possible damages in a discrimination action.... Read Answer

You should contact an employment attorney. What you have descibed may be a violation of the FMLA or ADA. However, these types of cases are very fact intensive so it depends upon what occurred and when it occurred. Feel free to contact my office to receive a free consultation.    Ohio FMLA attorney www.mcoffmanlegal.com ... Read Answer

Yes unless there is another unlawful reason behind your termination. I am assuming you do not have an employment contract and are an at-will employee. Employment at-will means you can be terminated at any time for any reason as long as it is not an unlawful reason.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

Your case is very interesting because you are a member of a protected class. The practice of religion places you within the protected class. The interesting issues which need to be researched are as follows: did you give the employer proper notice of your religious needs? Did your employer make reasonable accommodation for your religious needs? There is case law with regard to your legal position. Please call to discuss. If you would like us to represent you, we would be honored.... Read Answer

You can contact the offices of Lacefield and Coleman, they are a not-for-profit organization that helps people in your situation. If you Google them there website comes up as they are housing act.net or something along those lines. They help people with discrimination in civil rights issues. When you call them let them know attorney Joseph Botelho referred you... Read Answer

In order to be successful, you must put the employer on written notice that the supervisor called you a racist name. The key to your success is the failure of the employer to address your concern. The comment by the supervisor will not cause the employer to be liable. Rather, the failure of the employer to address the comment by the employer after you have given written notice of the racist comment is the basis for your claim. Please put the employer on written notice about the racist name-calling by the supervisor. Please make sure this conduct is addressed. If not addressed, you will be successful. Please call if we can help... Read Answer