Discrimination Legal Questions

Under Title VII of the Civil Rights Act of 1964, it’s illegal for a company with 15 or more employees to treat its employees differently based on their race.  This includes hiring, firing, demotion, promotion, pay raises, pay cuts, severance, and a variety of other terms of employment.  However, there is a 300-day deadline to file a complaint with the Equal Employment Opportunity Commission, and the deadline usually starts running on the date of the discriminatory employment action.  If the favoritism you’re talking about was sufficiently serious in the way it affected your livelihood, or the racial jokes were frequent and pervasive, you may have a Title VII claim.  Depending on when you complained to the management, the company itself may be responsible for the discrimination. There are also limited remedies under the Virginia Human Rights Act for victims of race discrimination at companies with fewer than 15 employees.... Read More

There are a number of avenues to hold a nursing home, or its insurers, liable for mistreatment of a loved one. If you have movies, photos, statements, bring them to a lawyer to review. The grounds for an action could be simple negligence. Call me to discuss if you like, 646 873 7521. Once a lawyer knows the facts in some detail, you may commence an action if justified.   Good luck.... Read More

It all depends whether the employer clearly states their dress code guidelines in their "Employee Handbook" that you may have agreed to and signed at some point, and that it is made available to review by all employees. You will have a case in discrimination if, your hairdo is because of religious belief or national origin. Have in mind that the law gives an employer great latitude in the ways they like to run the business (many ways of defending their actions) but they cannot discriminate against an employee on the basis of their religious beliefs, national origin, race, gender, age, and in Massachusetts sexual orientation. It is always preferable to, without escalating things and causing yourself trouble to have such warnings or remarks in writing.... Read More

It all depends from the reason of termination given by the employer. Your son has the right to request (two independant times in a claendar year) a copy of his Personnel Records, and the employer has five days to provide the same. Your son will be able to review his Personnel Recods for any negative evaluations and most importantly the reason of termination given by the employer.... Read More

the common areas belong to all the condo units. in your situation, each of the 200 unit owners own the common areas on both sides of the highway. as such, each of you would pay your share of the costs for the common areas. there are not common areas for the 134 units and separate common areas for the 66 units. please let us know if we can be of assistance. ed dimon, esq. esq.... Read More

Selective enforcement is term that is often misconstrued.  If there was racial or discriminatory motivation in enforcing this law selectively, there is voluminous case law, as well as the 14th Amendment of our Federal Constitution, which prohibits such actions.  If the Judge was merely saying that you were selected for the violation when others have been able to evade the same by luck or design, there is no defense.  This is comparable to a speeding ticket, where the driver says he was keeping pace with traffic and that everyone else was also speeding.  The fact that other people break the law is no defense for any particular individual to do the same.  Should you have any other legal concerns, we have attorneys who focus on civil, criminal, municipal, family, elder, real estate, tax, and commercial law.  Feel free to contact us at 732-797-1600 or at www.cldds.com. Regards, Edward J. Dimon, Esq.... Read More

Florida state and federal civil rights laws protect workers from racial, sexual and other types of harassment in the workplace. The law prohibits discrimination on the basis of age, gender, race, nationality, sex, pregnancy, marital status, disability and other protected characteristics. The reference you stated seem to fall into the area of harrassment and/or discrimination. If you are interested in discussing your potential claim, please contact me toll free at (877) 291-1000. Best regards, Mark DiCowden, Esq.  ... Read More

these cases are 'fact sensitive' in that the employer does not have to keep you employed if you cannot do the work. the classic example is a fireman. he/she must be able to carry 165 pound person down a ladder. if the fireman cannot do this 'carry', he/she loses the job as fireman. the employer has no obligation to give them lesser job responsibilities such as driver or dispatcher. be careful in stating that you cannot do the job. ed dimon, esq.... Read More

the harassed employee must complain to the employer about the harassment and give the employer the opportunity to remedy the problem. did you give the employer notice of the harassment ? did you give the employer the opportunity to remedy ? you should always put this in writing for your employer. this would provide you with a record.  ed dimon, esq.... Read More

the key is documentation and proof. if you have written authorization to take the course and be reimbursed for same, you will win the case. if you must rely upon 'verbal' comments, you will need to have the witnesses testfy on your behalf and state that you were told to take the course and would be reimbursed. you, as the plaintiff, have the burden to prove your case. please let us know if we can help. ed dimon, esq.... Read More

the fact pattern you outline would give protection to both the police and the school with regard to discrimination. the allegation of the shoplifting on the video camera would give them 'reasonable suspicion' to support the 'stop'. the 'pat down' by the officer is supported by the 'self protection' of the officer.  the officer is also allowed to ask for your identification to insure that you are who you are.  ed dimon, esq.... Read More