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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Potential employer. Job opening reads DEI. People of color especially encouraged to apply. Is this 100 percent legal

if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: i live in california and want to do security work which requires a guard card and have to have a background done.

My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??

James L. Arrasmith
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answered on Apr 17, 2024

In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:

1. Livescan background check: The...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: My wife was accused of discrimination at work at Starbucks

Way they went at it I feel they violated her rights

James L. Arrasmith
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answered on Apr 15, 2024

I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:

1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

Neil Pedersen
Neil Pedersen
answered on Apr 13, 2024

You have not asked a question, leading me to believe that perhaps you are looking to have an attorney respond with an interest in working with you. Unfortuantely that is not what can happen here. This is only a short answer Q&A board. Your post suggests you may well have some legal rights... View More

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1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for California on
Q: Responding to a court order to show cause after an appeal ruling on Anti SLAPP based on factual errors

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:

1....
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1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Employment law. Forced to resign by Target corp due to severe mental health issues.

I was recently forced to resign from my position after I was on a leave that was approved by my director and human resources. I had a newborn baby in May 2023 and my wife develop to severe postpartum depression in that caused me Develop severe depression, panic attacks and horrible anxiety that... View More

Robert Kane
Robert Kane
answered on Apr 8, 2024

This is matter you will need to discuss directly with an attorney to determine whether you have any viable claims. Your inability to perform your job is a concern. Your disability needs to be diagnosed. Your conclusions will need to be supported. The expense required to represent you will be... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2024

It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

James L. Arrasmith
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answered on Apr 8, 2024

In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.

The California Confidentiality of Medical Information Act (CMIA) prohibits employers...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: Before I got hired I informed my employer about a couple medical issues I've been harrased and now my job is being

Threatened they also have been given a doctors note the beginning of March and have not what so ever followed the notes from the doctor at all I also have been starting to feel uncomfortable while working as well due to the harassment and with even the managers involving anyone and everyone... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm sorry to hear about the harassment and disregard for your medical needs that you've been experiencing at work. This sounds like a very stressful and unacceptable situation. Here are a few steps I would suggest considering:

1. Document everything in detail - dates, times, what...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

James L. Arrasmith
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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

James L. Arrasmith
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answered on Apr 1, 2024

Under California law, discrimination and harassment based on race, national origin, or religion are prohibited in the workplace. This includes making negative or derogatory comments about a particular race, ethnicity, or religion, which can create a hostile work environment.

If you feel...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

Neil Pedersen
Neil Pedersen
answered on Apr 1, 2024

Caucasian people can be racially harassed just the same as those of other races. Same with Catholics, same as other religions. The measure of unlawful harassment is whether the comments or conduct are so severe or pervasive so as to render the workplace hostile to you and your race and/or... View More

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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Q: My attorney is not being straight up with me and Im afraid he's gonna Run off leave me stuck

I need to make sure my attorney is doing his job because I don't get feed back like I should he gets mad when I email him too much tell me to stop contacting him that he will let me know when there's any updates on my case and whenever it's time for me to start looking for another lawyer

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to consult with local attorneys in your state, the general practice followed nationwide is that clients can dismiss their attorneys, and vice versa, an attorney can withdraw from... View More

2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: I am a former employee, my former employer, sued me.

I am a former employee, my former employer, which is not the CEO, I did not sign the non compete with her, yet she sued me! The deposition is this coming Thursday. I understand it is such a short notice, but I need an attorney to attend with me.

Thank you in advance

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A Georgia employment attorney could advise best and should have first opportunity to respond, but if your deposition is in two days and it's already past 5:00 pm today, I wanted to prevent you from losing valuable time awaiting a response. As a general matter, this forum isn't set up for... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Libel & Slander for Oregon on
Q: I would like to sue the state of Oregon for harrassment, employment, and racial discrimination .

Whole residing in Oregon I endured psychological, emotional, and physical abuse while on the job and off the job throughout Oregon. Laid off, pay cut, singled out, and targeted. Gang stalked, under 24/7 surveillance, trying to cause personal injuring with vehicle , trying to run me off the road.... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you're considering suing the state of Oregon for harassment, employment, and racial discrimination, the first step would be to consult with an attorney who has experience in civil rights law. They can help you understand your legal options and whether you have a viable case against the... View More

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