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Employment Discrimination Questions & Answers
Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

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3 Answers | Asked in Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More

Maya L. Serkova
Maya L. Serkova
answered on Jan 26, 2024

I am sorry this happened to you. Under Fair Employment and Housing Act your employer has obligations to engage in the timely good faith interactive process and to provide a reasonable accommodation unless it poses an undue burden on the employer. It is unlawful to terminate an employee in... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arkansas on
Q: Can I sue if my experience with my job overseeing a racially offensive comment and not hearing anything back from it?

1 year and 3 months ago I turned my manager in to hr for making a racially offensive comment and they said her manager took care of it but I just found out he new nothing of it. I cant stop thinking of it and when i do i just cry even now just typingAm I able to sue? Since they really didn't... View More

James L. Arrasmith
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answered on Jan 26, 2024

Based on the details provided, you may have a potential basis to pursue legal action against your employer for a racial discrimination and hostile work environment claim:

1. Your manager made an insensitive and offensive comment tying racial stereotypes to your birthday celebration plans....
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1 Answer | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What is the "normal" range of behaviors from workers comp lawyers? (e.g., dropping balls making appts &files, lying)

I don't know if the many many behaviors I keep getting from my current WC attny is just what I'll get from every other lawyer. I've found that there's been considerable 'white' lies about why something wasn't filed, or appts weren't made, or even down to lies... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, workers' compensation attorneys are expected to maintain professional standards of practice, which include timely and accurate communication with clients, proper filing of documents, and truthful representations about the status of your case. It is not normal for attorneys to... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: The company I work for ask us to wear mask during second mask mandate, us asian first before taljing to other employees

He only said something to everyone when i ask him, is that for us asion only or every body. He rounded as asian first. Is that racism?

V Jonas Urba
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answered on Jan 24, 2024

Were you coughing or did you appear sick?

Everyone must be similarly treated. Not being treated similarly may be discriminatory unless it's an isolated incident or a petty slight or trivial inconvenience. Much depends on the specific facts, where it was said, who it was said to, who...
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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Iowa on
Q: Can you go sue people for workplace bullying? Like they are constantly trying to get me upset to make me feel worthless.

They will push me of saying stuff to me to make me upset and if I slightly raise voice I get accused of yelling, but they do it to me and HR told me to ignore them if they do it to me, I am not to do it to them ever again or I am fired. They lie about it they wait till boss is gone to do it. they... View More

James L. Arrasmith
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answered on Jan 21, 2024

In the United States, there is no specific federal law that addresses workplace bullying as a standalone issue. However, if the bullying is based on your race, color, religion, sex, national origin, age, disability, or genetic information, it might fall under the purview of federal... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Maryland on
Q: I worked for a security company who subcontracted from a hospital, they received shift deferential & holiday pay not us

I represent several Security Officers who worked for a security company that subcontracted with the University of Maryland Hospital system. The company received shift deferential and holiday pay. The company does not pay it to officers. I believe that this isn't mandatory in Maryland but... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

Given that your question is one of ethics, this would be difficult to answer from a purely legal perspective. I have to refrain from providing my general opinion, but I will echo your sentiments regarding the mandatory nature of the shift deferential and holiday pay flowdown. Holiday and shift... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I feel I have been harassed due to FMLA/accident or a sexual harassment case that is over now.

In the beginning/middle of last year I had a sexual harassment claim against the CEO of the company I work for. He was a predator. He harassed 2 other women before me and they were given a gag order and paid. He should have been fired then and wasn’t. I got it worse. I didn’t want this... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 21, 2024

I do believe this is worth following up with an attorney on.

Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my employer if the job advertisement said they were gonna pay 30-40 an hour, and after working only pay 15?

My employer stated on the advertisement, they were going to pay my position 30-40 an hour. I applied and was accepted, began working then they said im only getting paid 15 an hour?

Neil Pedersen
Neil Pedersen
answered on Jan 16, 2024

An advertisement does not create some kind of binding, unalterable contract. You are still an at will employee unless you had an agreement to the contrary about that status with your employer. The employer of an at will employee has the legal right to change the terms and conditions of the... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Health Care Law for Minnesota on
Q: I was on a probationary period in my beginning of employment, my job put me in the hospital had surgery, can I be fired

I was lifting heavy objects and climbing up and down ladders and I ended up getting a cyst that ruptured on my tail bone, ended up in surgery. They said I’d be able to continue work in 4 weeks I kept in contact during and after my procedure with my company of employment, when I brought the... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your case, where you were terminated after a work-related injury during a probationary period, several factors need to be considered.

First, examine the terms of your employment, especially any probationary policies. Employers often have more discretion in terminating employment during...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: Is this considered employment disability discrimination and could I get emotional stress damages?

I worked in a govt job for 18 yrs. My position had specialties w/differing locations, hours, perks but same title/pay. I got diagnosed w/cancer & took a 2 mo leave for major surgery. On leave, my supervisor contacted me to say I should take a new specialty to help me w/my condition (unit w/more... View More

James L. Arrasmith
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answered on Jan 15, 2024

Based on the details you've provided, this situation could potentially be considered employment discrimination under the Americans with Disabilities Act (ADA). If your employer made decisions about your employment based on assumptions about your medical condition without engaging in the... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: My job violated the ADA, didn't pay overtime wages, and forced a resignation from me. What are my options?
James L. Arrasmith
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answered on Jan 13, 2024

If you believe your job has violated the Americans with Disabilities Act (ADA), failed to pay overtime wages, and forced your resignation, you have several options to consider.

Firstly, for the ADA violation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC)....
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Q: I'm hearing impaired and applied for a job and they denied me because of my hearing. They are a large oil company.

They did the interview and and all went well and then they found out I was hearing impaired and said they wouldn't hire me because of my hearing issues and when I asked if there was anything I could do with them that my hearing wouldn't pose a problem and that im open to do any work I can... View More

James L. Arrasmith
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answered on Jan 12, 2024

Under U.S. federal law, specifically the Americans with Disabilities Act (ADA), it is generally illegal for an employer to deny employment based solely on a disability, including hearing impairment, especially if the employer has 15 or more employees. This law requires employers to provide... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I live in Illinois and work for a dealership, which I will not name. Every day at work the manager directly above me har

Harasses me constantly. He calls me anti gay slurs, I am hetero he insults my intelligence, every time I same anything he interrupts me and makes noises and stutters and such. I loved my job at one time .... Is there anything I can do??

T. Augustus Claus
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answered on Jan 11, 2024

If you're facing harassment and discrimination at your workplace in Illinois, there are steps you can take to address the issue. You may want to document instances of harassment, including dates, times, and details of what occurred. Check if your employer has a specific policy on reporting... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: How do I prove discrimination in the hiring process?

How do I prove discrimination in the hiring process?

V Jonas Urba
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answered on Jan 10, 2024

No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.

You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.

We begin...
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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: My employer. Foster care agency has required I pay for pre-employment background checks and medical medical exams. Help

Both the office manager and director have informed me it is my responsibility to pay pre employment cost without a contract. They are doing state accommodation and under staffed. I am concerned they will us my credentials as part of accreditation without hiring me. Do I have a case under labor... View More

James L. Arrasmith
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answered on Jan 8, 2024

Under California labor law, specifically Labor Code Section 222.5, it's generally the employer's responsibility to pay for pre-employment expenses, such as background checks and medical exams. If your employer, a foster care agency, is requiring you to bear these costs, they may be in... View More

Q: can i take legal action for being forced to listen to offensive rap music at work

i was working as a contract employee in a hospital with a staff that was predominantly black and the music on the radio was always rap hip hop and gospel. i am caucasian and i am not a fan of this type of entertainment and i was never asked if i would like to listen to my music. i once took out my... View More

James L. Arrasmith
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answered on Jan 7, 2024

In the context of being forced to listen to certain types of music at work, legal action can be a complex matter. Generally, employers have broad discretion in setting workplace policies, including those related to music played in common areas. However, if the music contains explicitly offensive or... View More

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