Indiana Discrimination Legal Questions

Generally, one cannot be fired for a discriminatory purpose. However, discrimination has a very specific legal definition. I recommend you review the types of discrimination and determine if any applies to you. Here is a link to the types of discrimnaiton that are not allowed in employment. https://www.eeoc.gov/discrimination-type If you find that your situation falls into one of these types, you should consider contacting the EEOC or hiring an attorney near you right away. Dan... Read More

It appears you may have a case. Hire counsel on contingency fee for representation. Usually in order to hold the company liable it is necessary to first bring it to the attention of your Human Resources department or your supervisor. If they can’t stop the problem then you have a solid claim. ... Read More

If you believe you have been discriminated against due to a disability (ADHD) you should contact the Equal Employment Opportunity Commission (EEOC) to file a charge of discrimination.  Here is some additional information regarding disability discrimination.                                ... Read More

Dear Anoymous, If you believe you have been the victim of housing discrimination, I would encourage you to contact the Fair Housing Center of Central Indiana (FHCCI) and discuss your situation with one of their knowledgeable staff.  Here is a link to the FHCCI's website: http://www.fhcci.org/ Best, Chip Clark... Read More

Dear Michelle,   If you believe you have been a victim of sexual harassment by an employer or potential employer, you need to report it to the Equal Employment Oppportunity Commission.  Here is a link to the Indianapolis office of the EEOC, and instructions on How to File a Charge of Discrimination.  If you have futher questions, or you wish to hire a sexual harassment attorney, you can visit our website for additional information.   Best,   Chip... Read More

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 More

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 More

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 More

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 More

Lisa, It is possible that you would be covered under the American's with Disabilities Act.  Pursuant to the ADA, your employer is required to engage in a dialogue with you regarding your disability and to make reasonable accomodations for you based on your disability.  Failure to do so could be a violation of the ADA.  If you would like to speak with an Employment Attorney about your case, please call for a free case evaluation. Chip... Read More

The ADEA or Age Discrimination in Employment Act protects those individuals who are 40 years or older.  Age must be shown to be the cause of the adverse employment action, not just a motivating factor.  In your case, the ageist comments made by your supervisor would certainly suggest that was the reason for you being let go as opposed to being transferred to a new facility. In order to make a claim under the ADEA, you must file a Complaint of Discrimination with the Equal Employment Opportunity Commission, ("EEOC").  The EEOC will investigate the claim and make a determination as to whether there is evidence to substantiate the discrimination alleged in the Complaint. If you have specific questions about your case, or wish to speak with an attorney who practices employment law, do not hesitate to contact me.... Read More

The answer to your question, "Is it legal to give one person in the office a raise but deny another person the same raise?" is...Absolutely!.  In fact, it happens all the time.  Raises can be given to employees for any number of reasons, performance, cost of living adjustments, etc. Raises don't have to be equally applied across the company.  However, if you can demonstrate that you were denied a raise that was given to a similarly situated employee, because of age, race, gender, national origin or sexual orientation, then you might have a claim for discrimination.  If you believe you have been discriminated against by your employer because you are a member of a protected class, you should contact the Equal Employment Opportunity Commission (EEOC) and ask them to investigate your case. If you wish to speak to an attorney, contact the Indianapolis Injury Attorneys at Goodin Abernathy, LLP for a free consultation.... Read More