Discrimination Legal Questions

In Wisconsin, discrimination based on a conviction record or arrest record is prohibitted unless the employer can show that the conviction and the job are substantially related. This means that the job would put a person in a situation where there is a substantial likelihood of reoffending. When there is a pending arrest, the employer may not refuse to hire you based on the pending arrest unless this "substantial relationship" between the charged offense and the job is satisfied. If a substantial relationship does exist, then the employer may essentially put your application in a pending status until your charges are resolved. So if the substantial relationship does not exist, an employment may not hold the pending charges against you in its employment decision. The Equal Rights Division, Department of Workforce Development, for Wisconsin can take a complaint for a decision that violates this law. You must file it promptly, though, as you only have 300 days from the discriminatory act to do so.... Read More

This would not be reverse discrimination.  Reverse discrimination only applies with respect to certain affirmative action claims.  This is discrimination based on sex which is prohibited by Title VII of the Civil Rights Act of 1964. Title VII applies equally to men and women.  However, discrimination protections primarily extend to "adverse actions" which means an action that immediately, negatively impacts your pay.  A reprimand, warning, bad evaluation, etc. are not generally considered adverse actions.  Clearly a termination would be an adverse action.... Read More

If they lay you off, they may offer you some money if you agree to not sue them about the loss of your job. If you sign that paperwork and take the money, probably you will have forever waived your rights to sue the employer for discrimination or other issues, if they get the paperwork right. And they usually do get the paperwork right. So if they try to get you to sign papers and take money when they fire you, make sure you have previously spoken to a lawyer about your case. One who knows employment and discrimination law and can make your case fly if there is one. Or help you figure out how much money to ask for. Any questions call our office.  ... Read More

Damages for race discrimination in Utah can only be awarded through the state Labor Commission, and will usually include back pay, benefits, and sometimes attorney's fees.  There is no express limitation on a state recovery.  A person can seek damages, however, through a federal suit under the Civil Rights Act.  In a federal race discrimination suit, the plaintiff may recover back pay and benefits, future pay, pain and suffering and punitive damages.  Everything but back pay is limited based on the size of the employer.  The damage caps may be anywhere from $50,000 up to $300,000, for a very large employer. Nothing in this answer is intended to be taken as legal advice, which would require a thorough understanding of the circumstances in your particular situation.  If you need further assistance, you should seek a consultation with a qualified attorney.... Read More

As you know, sexual harassment in the workplace is an extremely serious issue.  Employers that fail to properly address it can often be held liable.  When it is a supervisor that is doing the harassment, and then retaliates against you for making the complaint, he is very clearly breaking the law. The applicable federal law in a case like this is the Civil Rights Act, which makes discrimination and harassment based on religion or sex illegal.  Before you can go to court for discrimination, you absolutely must file a charge of harassment with the Equal Employment Opportunity Commission.  Their staff will investigate the situation and attempt to reach a resolution.  If they cannot, which is true in most case, then the employee will get a Right to Sue Letter.  The timeline for filing a lawsuit after getting the letter is very strict.  You should also be aware that your employer and boss can in no way retaliate against you for filing a charge. There may be other legal options available to you.  Anyone that touches another person without permission, especially if the touching is harmful or offensive, can be held liable for assault and/or emotional distress.  Damages for such claims can include lost wages, medical bills, counseling costs, pain and suffering, and punitive damages.  As always, the wisdom of bringing this kind of lawsuit depends on many things, including the ability of the defendant to pay a judgment. Nothing in this answer is intended to be legal advice, which would require a thorough understanding of the circumstances in your particular case.  If you need further assistance, you should seek a consultation with a qualified attorney.... Read More

if you can do your job with a 'reasonable accomodation' by your employer, you cannot be terminated.  if you cannot do the job, you can be terminated. did you tell the employer of the new hearing aid ? the problem is the cost of bringing an action against your employer. it would be expensive. ed dimon, esq.... Read More

Discrimination on the basis of race is unlawful.  There are several things you would need to prove to be successful in such a claim.  You should be advised that you must file a charge of discrimination with the EEOC within 180 days of the last act of discrimination.  You should consult with an experienced employment attorney before you make your next move.... Read More

If the escort ad contains false and defamatory statements, then anyone who republishes it can be sued for defamation.  However, the person who claims to have had her reputation harmed by the reposting must prove that the statements contained therein are false.  Also, generally, they must prove how they were damaged by the statement (although there are some exceptions to that general rule).  I would need to review the actual posting to determine whether it conveys any defamatory information. 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

Employment discrimination based on gender does typically cover discrimination for sexual stereotypes and sexual orientation. What you have described sounds like sexual harassment. You can file a complaint of discrimination on this basis with the Federal Equal Employment Opportunity Commission. You should also check to see if your state has a Civil Rights office for employment discrimination claims. Don't delay, though, as Federal law requires that you file withing 300 days of the discriminatory act in most circumstances. Gordon Leech, Attorney with the Consumer & Employment Law Center of Wisconsin... Read More

The employer is not required to hold your job longer than 12 weeks under FMLA except in rare circumstances when the Americans With Disabilities Act requires an accommodation.  If you are unable to work the job due to health and that is why you are unemployed, you can draw unemployment benefits as long as you are able to work jobs other than the one you had.... Read More

No. Employer are no required to grant any employee, including a pregnant one, light duty. The Pregnancy Discrimination Act only requires an employer to provide the same treatment to a pregnant employee as a non-pregnant one.  The only way you would have a claim is if the employer allowed men or non-pregnant women to have light duty.... Read More

First of all, let me say I am sorry that your son was hurt.  It is not clear from your question if his mother voluntarily placed him in foster care as a result of the injury or for some other reason.  As his father, you do have rights in the foster care system.  You should make sure they know you are interested and willing to provide a place for your son.  You shoud have had a lawyer appointed for you if there is any question of abuse or neglect and there is a dependency action filed. Since your son has special needs, it would help your case with the foster care system if you are familiar with services and agencies available and able to provide any special services your son may need at home or at school.  These services are not only good for your son, but they can make it easier for you to care for him.... Read More