Discrimination Legal Questions

Wow, that sounds like a pretty blatant case of discrimination.  Is it possible there were other factors involved, such as that your item was damaged or had been removed from its original packaging?  If there is some legitimate reason for the disparate treatment, then it would not be discriminatory.  But if all other things were equal then there does not seem to be any valid reason that you should have been treated differently and you may have a civil rights claim. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It 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. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Ohio law forbids discrimination because of race and age.  If you choose to pursue one or both of these claims, you can do so by filing a charge with the Ohio Civil Rights Commission or Equal Employment Opportunity Commission or by hiring an attorney.  In order to establish a basic claim, you have to prove that you are in the protected group (i.e. African American and over 40 years old); that you were qualified for your position (good performance, little or no disciplinary actions); and suffered an adverse employment decision (fired).  Once you meet this basic criteria, then the employer has an opportunity to respond by stating a "legitimate non-discriminatory" reason for your discharge.  It's then up to you to show how this reason is not the "real" reason.  ... Read More

In Wisconsin, the Fair Employment Act prohibits discrimination based on an arrest record. The Equal Rights Division for the Department of Workforce Development will investigate and enforce violations of the act. The EEOC may look at your claim as a possible race discrimination issue, but it is a federal agency and has no power to enforce the Wisconsin law. I recommend that you immediately contact the Equal Rights Division to ensure that the EEOC dual filed your complaint--meaning that it sent a copy of your complaint to the ERD for action. Also, ask the ERD to investigate your complaint for arrest record discrimination. Don't delay, as there are limits the ERD could impose on amending your complaint for this purpose. I have more information on our website, www.celcwi.com, about this claim that you may find informative. We do reguarly represent people in these claims throughout Wisconsin. To look for attorneys that may represent you, you may want to visit www.nela.net. This is a national organization of employment attorneys that represent employees. There is a membership directory online to help you. Gordon Leech... Read More

You may be the victim of disability discrimination, but I need some additional details: 1) how many employees does your employer have?  2) do other employees also get sent home for no reason? 3) have you ever been disciplined or received a poor performance review? In order to qualify for protection under the American's with Disabilities Act, you have to be able to perform the essential functions of your position with or without accommodation.  Are you able to perform the duties of your position? The employer is not allowed to single you out because of your disability.  You are entitled to the same terms and conditions of employment as everybody else.... Read More

i am assuming that this is a 'labor and employment' matter in that you used the word 'discrimination'. if so, discrimination must be based upon race, religion, sexual orientation. what was the basis for the discrimination ?  did you formally complain in writing to the employer ? ed dimon, esq.... Read More

the us embassy should have been more helpful. however, there is no legal obligation to help you.  the us embassy has no legal obligation to provide you with funds or food or a hotel room.  i do not see the basis for a legal action. were you eventually helped ? how did you get home ? ed dimon, esq.... Read More

the key to winning the case is the doctor's report setting forth your illness and your ability to do the job. for example, if you were a fireman, you must be able to caary 165 pounds down a 20 foot ladder. the doctor must state in writing that you can do the work, the report, by way of example, cannot state that you can drive the fire truck. these cases are not done on a contingent basis. ed dimon, esq.... Read More

these cases are difficult to win because you need witnesses to testfy to the 'hostile work environment'. do you have witnesses who will give sworn testimony to our private investigator ? he can meet with you and them asap. his cost is $60 per hour. the cost to bring the action is dependent upon the evidence. the cost would be at least $7500 if you had very strong evidence. ed dimon, esq.... Read More

There are several potential issues here.  The Equal Pay Act prohibits pay discrimination based on gender for substantially similar employees (same level in the organization, same level of experience, same qualifications).  The EPA might provide a claim for your pay differential compared to substantially similar male employees, if there are any. Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in the workplace more broadly.  Gender can’t be a motivating factor in decisions about the “terms and conditions” of your employment—hiring, firing, laying off, promoting, demoting, giving a raise, etc.  Title VII could provide a claim for lost wages and other damages. It’s important to act quickly as you may have as few as 300 days to take the steps necessary to preserve your claims.Please give us a call at 571-732-3697 to schedule a consultation.  ... Read More