Discrimination Legal Questions

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430 legal questions have been posted about discrimination by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include civil rights. All topics and other states can be accessed in the dropdowns below.
Discrimination Questions & Legal Answers - Page 17
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Recent Legal Answers

It would not be expensive for a lawyer to review documents.
It would not be expensive for a lawyer to review documents.

Volunteer Firefighter turning turning age 70 can no longer drive is this legal?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
this is a difficult case in that the fire department will argue that you cannot 'do the job'. this will be their defense against 'age discrimination'. the case will be 'fact sensitive'. can you do the job of a fireman ? ed dimon, esq.  thank you for givning me more information. the key is proving that you were discriminated against based upon your age. i would utilize lance lebaron, our private investigator, to take statements from potential witnesses to determine how they would actually testify and to obtain the 'physical evidence' that you passed the tests, etc. ed dimon, esq. 732-797-1600... Read More
this is a difficult case in that the fire department will argue that you cannot 'do the job'. this will be their defense against 'age... Read More

Is this considered bullying

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
what are your normal job responsibilities ? does you job include cleaning the toilet ? what were the actual comments ? racial or ethnic comments ?  religious comments ? there needs to be a basis for the discrimination.  ed dimon, esq.
what are your normal job responsibilities ? does you job include cleaning the toilet ? what were the actual comments ? racial or ethnic comments... Read More

Do I did insubordination when i was not willing to do what my Supervisor ask me to do

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
i need more details. what is the family concern ? the medical condition ? what was supposed to be in the email ?  ed dimon, esq.
i need more details. what is the family concern ? the medical condition ? what was supposed to be in the email ?  ed dimon, esq.

Racial discrimination

Answered 13 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no case here.  There are no damages.
There is no case here.  There are no damages.

is it ok for me ex boss to tell Unemployment details for them to deny me benifts?

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
i need more details. why were you denied benefits ?  did you appeal the denial ? did you have a hearing ? what was the ruling ?
i need more details. why were you denied benefits ?  did you appeal the denial ? did you have a hearing ? what was the ruling ?

discrimination

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
legal discrimination must be based upon race, color creed, sexual orientation, etc.  i would ask your boss for overtime. ed dimon, esq.
legal discrimination must be based upon race, color creed, sexual orientation, etc.  i would ask your boss for overtime. ed dimon, esq.

Can employer fire you when your in the hospital if you called the office and spoke to whoever was in charge?

Answered 13 years and 3 months ago by Michael Joseph Davey III (Unclaimed Profile)   |   1 Answer
The answer to your inquiry depends upon the nature of the reason for your hospital visit, whether your employer was covered by the Family Medical Leave Act, and whether you were an FMLA-qualified employee.  If the reason for your hospitalization was serious enough, your employer was covered by the FMLA, and you were an FMLA-qualified employee, then your termination on the basis that you were hospitalized may constitute a violation of your FMLA rights by the employer.  I would be happy to speak with you about the details of your specific situation.   Please feel free to contact me directly at your convenience.  Michael J. Davey, Esq. Eckell Sparks Law Firm mdavey@eckellsparks.com (610) 565-3700... Read More
The answer to your inquiry depends upon the nature of the reason for your hospital visit, whether your employer was covered by the Family Medical... Read More

I applied for a service technican trainee job at space x and was told that i worked on killing machines

Answered 13 years and 3 months ago by Thatcher Stone (Unclaimed Profile)   |   1 Answer
Are you a woman, over 40, black or hispanic? (Not a complete list but a good start.)
Are you a woman, over 40, black or hispanic? (Not a complete list but a good start.)

Workplace harrasment

Answered 13 years and 4 months ago by Thatcher Stone (Unclaimed Profile)   |   1 Answer
Talk to a lawyer first. Alerting your employer before you get full information could hurt your case.
Talk to a lawyer first. Alerting your employer before you get full information could hurt your case.
these cases are 'fact driven'. you need a doctor to testify that the treating doctor is wrong. 
these cases are 'fact driven'. you need a doctor to testify that the treating doctor is wrong. 
The problem that you have is the company may have a 'pretext' for suspending you or other discipline- the employees working outside of their true jobs. On its face, you do have a possible claim for race discrimination-based activity by your employer. You should consult with qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
The problem that you have is the company may have a 'pretext' for suspending you or other discipline- the employees working outside of their true... Read More

I believe I was discriminated against at work, does my case have grounds for suing?

Answered 13 years and 5 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
You may consider filing a complaint with the NYS Labor Department. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
You may consider filing a complaint with the NYS Labor Department. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com

Can I file a case for age discrimination?

Answered 13 years and 5 months ago by Michael Joseph Davey III (Unclaimed Profile)   |   1 Answer
Since it does not appear from the facts that you provided that this contract was entered into in an employment context, then you have no cause of action for age discrimination.   However, you may be able to maintain a cause of action against the bank for fraud, breach of contract or misrepresentation based upon the fact that affirmative representations were made to you that no fees would be charged for 4 years.  However, this will depend upon what is contained in the account documents that you signed when you first signed up.  If the documents that you signed to open the student bank account clearly provide for fees after a certain age, then you may very well be bound by the provisions in the contract no matter what was said, told or promised to you by the representative.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com ... Read More
Since it does not appear from the facts that you provided that this contract was entered into in an employment context, then you have no cause of... Read More

Can I get fired?

Answered 13 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
i would work closely with the employer to determine if there are alternatives to the travel schedule. if there are not, i would explain in writing my family situation and why i could not fulfill the responsibilities of the new position.
i would work closely with the employer to determine if there are alternatives to the travel schedule. if there are not, i would explain in writing my... Read More
It would be legal to ask, however, if they do ultimately terminate you then the pregnancy knowledge may give rise to a legal claim.  Contact me to further discuss   David L Selby, Esq. The Selby Law Firm, LLC One North Parkway Square Suite 200 4200 Northside Parkway, NW Atlanta, GA 30327 Tel. (404) 365-5694 Fax: (404) 393-6537  david.selby@selbylawoffice.com www.selbylawoffice.com... Read More
It would be legal to ask, however, if they do ultimately terminate you then the pregnancy knowledge may give rise to a legal claim.  Contact me... Read More
what was the basis for you being on FMLA ? what was your job ? could you return to work ?  i need these answers.
what was the basis for you being on FMLA ? what was your job ? could you return to work ?  i need these answers.
Unfortunately, sexual orientation is not a protected class under either PA or Federal anti-discrimination laws.  So, if you are being passed up on promotions simply because of your sexual orientation, you would not have a claim for discrimination under either state or federal law.  However, if the other employees who have been promoted over you are all of a different gender, race, nationality, age or religion, and you are otherwise qualified for promotion, then you may be able to make out a claim for a different type of discrimination.  Also, while sexual orientation discrimination is not prohibited under state or federal law, it is prohibited under some local municipal ordinances in Pennsylvania, such as Philadelphia, Allentown and Haverford Township.  So, if you work in a township or city that has prohibited discrimination based on sexual orientation, then you may have a remedy before your local Human Relations Commission.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271  mdavey@eckellsparks.com  www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More
Unfortunately, sexual orientation is not a protected class under either PA or Federal anti-discrimination laws.  So, if you are being passed up... Read More

I was terminated from my job because my hearing disability may cause me to make a mistake. Should I seek legal counsel?

Answered 13 years and 7 months ago by Michael Joseph Davey III (Unclaimed Profile)   |   1 Answer
If you made your employer aware of your disability and/or requested reasonable accommodations for your disability, then the employer at least has to engage in a good-faith interactive process with you in order to determine whether a reasonable accommodation exists that would enable you to perform the essential functions of your position.  Your employer simply cannot "assume" that you cannot do your job and terminate you.  I would be happy to speak with you in more detail about the specific facts and circumstances of your situation.  Please feel free to call me or email me directly.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More
If you made your employer aware of your disability and/or requested reasonable accommodations for your disability, then the employer at least has to... Read More

how did i get fired and 15 others were involved in same action?

Answered 13 years and 7 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
Assuming you are not protected by a Union, you probably do not have a case.  Do you think you were fired because you were a female?  If so, maybe.  But they can fire whoever they want as long as they don't discriminate against a protected class.  
Assuming you are not protected by a Union, you probably do not have a case.  Do you think you were fired because you were a female?  If so,... Read More

I am not sure if this is a discrimination matter or not. I am wanting to see if it falls under any other category.

Answered 13 years and 7 months ago by Mr. David Lawrence Selby (Unclaimed Profile)   |   1 Answer
Based on what you've said, I dont really see a claim here.  One your identity was protected,  two weight is not a protected class under federal / state law - so there can be no discrimination based on that.
Based on what you've said, I dont really see a claim here.  One your identity was protected,  two weight is not a protected class under... Read More

Can i sue a company if i was fired due to my race?

Answered 13 years and 7 months ago by Mr. David Lawrence Selby (Unclaimed Profile)   |   1 Answer
please contact a labor and employment attorney to discuss this matter or go to the EEOC.
please contact a labor and employment attorney to discuss this matter or go to the EEOC.
please contact an employment and labor law attorney such as myself to discuss whether you have a claim.
please contact an employment and labor law attorney such as myself to discuss whether you have a claim.
A coop can place restrictions on subleasing a unit owner's apartment. However, as it appears the subleasing has occurred with this apartment for twenty years, then the coop would have a harder time demonstrating it had the right to not approve the sublease- yet, this would have to be determined in court. These cases take time, I can advise from experience, but the unit owner (tenant) would have to be part of the court process, where you could claim discrimination, assuming you can prove the Board member made that statement. Gerry Wendrovsky, Esq. http://www.upperwestsidelawyer.com/... Read More
A coop can place restrictions on subleasing a unit owner's apartment. However, as it appears the subleasing has occurred with this apartment for... Read More
Your employer can require that your doctor's note state whether your return to work after an injury is with or without restrictions as to the work you can perform. This answer 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. ... Read More
Your employer can require that your doctor's note state whether your return to work after an injury is with or without restrictions as to the work... Read More