Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Your current state is Virginia
I believe I am facing racial discrimination in the hiring process due to my being white, having a higher education, and an accent, which seems to result in refusal to hire me. This has affected my job prospects negatively despite my qualifications. How can I address this situation legally?
answered on Apr 26, 2025
Assuming you could prove your allegations, your best first move is to locate and consult with an experienced employment law attorney who can assist you with the appropriate and required filing of an administrative complaint with the right government entity, and then to commence litigation in the... View More 
I believe I'm facing discrimination due to my chronic health condition, syringomyelia. I was reprimanded for not coming into the office after traveling by plane for 8 hours, despite informing my boss two weeks prior that I would need to rest, to which she responded positively. However, she... View More
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answered on Apr 24, 2025
Hello. Appalling. Have you formally documented your health condition with your employer (for example, by providing them with a healthcare provider note)? If not, upon your telling them that you have a health condition that affects your ability to perform the essential functions of your job, they... View More
I was recently fired from my employer for alleged breach of contract, specifically for threatening a co-worker, which I deny. I have text evidence showing that two other associates made similar threats but were only given a final write-up, not terminated. I suspect my termination is related to my... View More
answered on Apr 21, 2025
Your termination may violate the FMLA if you can prove that the stated reason "threatening a co-worker" is a mere pretext and that the actual reason for your termination was you taking medical leave.
My employer has prohibited me from speaking Spanish to Spanish-speaking patients. Despite a traumatic brain injury (TBI) I sustained a year and a half ago, I am still fluent in the language and fully able to communicate, although I tend to speak more slowly. In the six months I’ve been with the... View More
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answered on Apr 20, 2025
Your employer can't prohibit you from speaking another language, absent some specific conditions, which don't appear to be here, based on what you wrote. https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/Workplace-Discrimination-Poster_ENG.pdf If your employer has... View More
I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More
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answered on Apr 16, 2025
Kirk is completely correct in his answer. Just providing a little additional color.
In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More
I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More
answered on Apr 19, 2025
First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More
During my three years at my job, I was terminated by a new manager who expressed distrust after I used a company truck due to my personal vehicle breaking down. I suspect the real reason for my termination was that she wanted her husband to take over my job, as he was on-site the day after my... View More
answered on Apr 12, 2025
Yes of course you should. When a company is playing games back and forth with pay there’s likely a pay violation and with investigating.
If you are switched Ware, you were a salaried employee and working overtime and then flipped to a non-exempt hourly employee then clearly there may be... View More
I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?
answered on Apr 10, 2025
Your post is not clear: was this in an employment context or otherwise?
In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain... View More
During an argument at work, a coworker, who is in the military reserves, threatened to beat me up and insulted my age by calling me old and senile. In response, I mentioned I wasn't afraid of him because he is in the stupid military. He filed a discrimination claim against me, alleging... View More
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answered on Apr 9, 2025
Hi,
You may want to seek counsel within Florida if that is the jurisdiction you are working in. This is a matter of some concern to you obviously, as it should be. Unfortunately, you have to wait on the response from your employer but if you have not given notice of the co-worker's... View More
I have been working at Prime Healthcare since 2016 and was promoted to Supervisor in the Performance Improvement department in 2017. I am now 65 years old and the oldest person in the department. Since my promotion, I've seen favoritism towards Indian and Pakistani employees on student visas,... View More
answered on Apr 5, 2025
First, you should strongly consider submitting a written complaint about your racial discrimination concerns and as well as your age discrimination concerns. By doing so, you give the employer an opportunity to investigate and correct those problems. Further, if your employer terminates you in... View More
I was terminated during a long-term leave of absence due to ongoing disabilities, including cervical vertebrae collapse (with surgery performed), falls, behavior and mood changes, declining cognitive skills, severe depression, and anxiety disorders. My former supervisor informed me that my ongoing... View More
answered on Apr 3, 2025
Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
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answered on Mar 27, 2025
Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
answered on Mar 27, 2025
You need to first check the Judge's Rules. Then, if there is nothing governing this issue, submit a simple motion to enter a judgment upon default, stating the facts you recite in your question, and submit a proposed default Order and Judgment.
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
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
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
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
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
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
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
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
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
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... View More
I was recently let go from my job after working for over a year and a half due to breaking a company policy, despite having a good track record. Another employee who broke the same policy received only a warning. No reason was given for the different treatment, and I have not raised this with HR. I... View More
answered on Mar 4, 2025
If there is evidence indicating that the disparate enforcement of company policy was motivated by illegal bias, you may have a case for wrongful termination based on discrimination against your former employer. Be sure to act in a timely manner as such claims are subject to strict time limitations.
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