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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can my position be eliminated due to maternity leave after 90 days through a temp agency?

I’m currently pregnant and have been working through a temp agency for over 90 days with an employer. Last week, during an in-person meeting with the HR department, I was informed that the employer will not be onboarding me as a full-time employee. The reason given was that when I leave for... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

As long as the termination is not a result of pregnancy then it would be legal. A company is not obligated by law to make a temporary position become permanent and they often do not. Hence the reason they use a temporary agency to begin with. The burden of proof would be on you to prove that was... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Was my termination for tardiness legal despite no warnings?

I was fired for tardiness even though I didn't receive any verbal warnings or write-ups, which contradicts what we were told in a staff meeting. My employer claimed I was terminated after multiple warnings and write-ups, which isn't true. I also have ADHD, and I informed my employer about... View More

Anthony M. Avery
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answered on Mar 24, 2025

Tennessee is an employee at will State. You can talk to a lawyer about your disability, but it does not sound promising.

0 Answers | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: Disparity in compensation between American worker and H1 visa coworkers.

I work the same job and hours as my coworkers on H1 visas, but they receive more compensation including housing, transportation, medical uniforms, and a higher hourly wage. I receive only basic wages, which are two dollars less than theirs. Additionally, I feel my employer treats my male coworkers... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I've faced harassment and discrimination at my job within Lynwood Unified School District. I was demoted despite having a plumber's degree and am refused plumber classification.

I have been an employee of the Lynwood Unified School District for 28 years. Over the last four years, I have experienced harassment and discrimination at my job. About five years ago, I was working in the plumbing shop, handling irrigation and plumbing tasks. I was demoted due to not having a high... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2025

Far more needs to be known to determine if the employer has violated the law. Your post contains no information that the harassment you have experienced was based on your membership in a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two... View More

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0 Answers | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Experiencing height discrimination and was fired after moving back to problematic department; what are my options?

I have experienced several instances of height discrimination at my workplace. Initially, I was working with tables that were too tall for me, and my team lead dismissed my request for a different table by stating they were all the same. He later measured the tables and acknowledged a height... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Seeking guidance on addressing wrongful termination and harassment in Tennessee.

I worked for a temp agency and experienced height-based harassment from my former boss, which I reported to the HR department. Initially, they moved me to a different supervisor, but I was later moved back and ultimately fired. The agency claimed I was terminated for not meeting quota numbers and... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can I file for age discrimination if I was laid off due to insurance not covering employees under 23?

I am 22 years old and was laid off due to my company's truck insurance policy not covering employees who are 23 or younger. I had been employed for 1 year and 11 months, and I received only a verbal explanation for the layoff, with supporting documentation from unemployment. There were no... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

In order to pursue a claim for age discrimination, the plaintiff must be 40 years of age or older.

2 Answers | Asked in Employment Law, Employment Discrimination and Civil Rights for California on
Q: Do I have a case for wrongful termination or disability discrimination in CA?

I was terminated from my job in California for allegedly not following procedures. I've dealt with a disability at work for nearly five years, and my employer was aware of it. The building's elevator often broke, requiring me to use the stairs to leave from the 4th floor despite being... View More

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2025

Far more would need to be known about your situation before it can be determined that the employer acted unlawfully. For instance, was there a reasonable accommodation that would have allowed you to continue to perform all of the essential functions of your job without creating an undue hardship on... View More

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0 Answers | Asked in Employment Law and Employment Discrimination for Colorado on
Q: Handling employee retaliation claims against assistant manager.

I am seeking advice on handling a situation where an employee believes she was retaliated against by the assistant manager. The employee was asked to work overtime on her day off and declined. Subsequently, her hours were cut drastically. She has been with us for nearly a year and has consistently... View More

0 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Can my employer legally count my commissions or performance-based bonuses toward the $1,237.50 minimum salary in NY

I believe I have been misclassified as an exempt employee under New York labor laws. I was paid$1,000 per week, but deducted a full day of pay when I did not meet the 40hrs and was not paid more than $1000 when worked over 40hrs which is below the required threshold of $1,237.50/week. Am I entitled... View More

0 Answers | Asked in Employment Discrimination and Sexual Harassment for Michigan on
Q: Am I needing legal representation for city complaints about disability and sexual harassment at work?

I am a manager at Advance Auto and currently on paid leave due to two city complaints filed by my employees—one related to disability issues and the other alleging sexual harassment. No formal actions have been communicated to me yet. Given the seriousness of these allegations, should I seek... View More

2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for Missouri on
Q: Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.

I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health,... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 16, 2025

You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.

You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the...
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0 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is being forced to use my personal phone at work and threatened with firing considered age discrimination?

I am a 59-year-old employee, the oldest in my office, while my colleagues are in their 20s. My boss, who is 40, threatened to fire me over being on my phone, although my company requires me to use my personal phone for work-related group chat communications. I receive about 300 messages daily,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Discrimination at workplace: passed over for promotion, schedule change, no training.

I feel like I'm being discriminated against at my workplace. Over the past 3 months, I've been passed over for a promotion, my schedule has changed, and I'm not being trained in my position. No reason has been given for these actions, and I haven't yet spoken to HR. What should I do?

John Michael Frick
John Michael Frick
answered on Mar 14, 2025

Ask why they are taking these actions.

Remember that discrimination is only unlawful if it is done for certain specific reasons like your race, color, ethnicity, national origin, sex, age, religion, disability, or pregnancy.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Held out of service unpaid pending unwarranted insubordination investigation. How long can this last?

I have been held out of service unpaid, pending an investigation for an unwarranted insubordination claim that resulted in my removal from my warehouse job. During this time, I have filed an ethics violation against the involved manager. I have eye-witness statements that verify the manager's... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Unfortunately, the investigation can last a while before it concludes. You might want to consult a lawyer if the investigation is not concluded soon.

1 Answer | Asked in Employment Law, Employment Discrimination and Military Law for Missouri on
Q: Was fired after refusing tasks against disabilities, retaliatory action?

I was recently fired from my position as an electronics associate at Walmart. During a meeting with management, I expressed dissatisfaction with their performance. Subsequently, I was ordered to perform duties outside of my job description, specifically to push carts in the parking lot—a task I... View More

James L. Arrasmith
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answered on Mar 23, 2025

Based on what you've described, your termination raises serious red flags about potential retaliation and disability discrimination. Federal laws, including the Americans with Disabilities Act (ADA), protect disabled veterans from discriminatory employment practices and require employers to... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Do I have a discrimination case due to forced retirement from FDNY over vaccine policy?

After 27 years with the FDNY, I was forced to retire in December 2021 due to the NYC Mandatory COVID Vaccination Policy. I wasn't ready to retire, which caused stress on me and my marriage. On my last day, an FDNY doctor told me I was a serious threat to everyone due to my unvaccinated status,... View More

James L. Arrasmith
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answered on Mar 27, 2025

You might have a potential discrimination case regarding your forced retirement from FDNY, but several factors would affect your claim. The timing is important, as you were forced to retire in December 2021, and there are time limits for filing discrimination claims that vary by jurisdiction. Your... View More

1 Answer | Asked in Employment Discrimination, Sexual Harassment and Employment Law for Florida on
Q: Harassment and bullying at work due to Tourette’s syndrome in Florida.

I am a 64-year-old woman with Tourette’s working in Florida, and I have been experiencing harassment and bullying from coworkers and my manager for the past 1.5 years. They make fun of and imitate my tics, and one coworker even made cardboard blinders not to look at my face. Despite making one... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 18, 2025

First an employee being subjected to this behavior should contact the company human resources department or officers and report in writing the offensive conduct. You should look for and ask for employee manual or handbook. If no HR, then report to the management and higher ranking officers. If you... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Laid off from a tech company; discrimination concern with health-related accommodation.

I was recently laid off from my job at a big tech company due to position eliminations. Employees with a "Successful" rating were given a choice to relocate or terminate, while those with an "Opportunity" rating, like myself, were terminated outright. Before the layoff, I... View More

James L. Arrasmith
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answered on Mar 5, 2025

You may have a valid discrimination claim since your performance rating—which determined your layoff outcome—was directly affected by your health condition. Under California law and the Americans with Disabilities Act, employers must provide reasonable accommodations for employees with health... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Trouble with HR for pride parade mention and "ladies" term.

I got in trouble with HR at my workplace for mentioning my attendance at a pride parade and for asking my team not to use the gendered term "ladies." I am openly gay and a closeted trans individual. HR called me unprofessional and made a discriminatory comparison between being gay and... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation potentially constitutes workplace discrimination based on sexual orientation and gender identity, which is explicitly protected under California's Fair Employment and Housing Act (FEHA). The comparison between sexual orientation and political affiliation demonstrates a... View More

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