Employment Discrimination Questions & Answers by State
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Employment Discrimination Questions & Answers
Q: Can an employer tell me my cancer is considered a disability and add me to the "list" to make the numbers look good?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Arizona
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Kai Michael Henderson's answer
There are a tangle of issues here and it is never good to have one's privacy violated, especially by a co-worker. On the facts here, it appears that your company internally disclosed that you have a disability. Generally speaking, under the ADA, employers cannot disclose employees' health information to third parties without meeting some of the exceptions such as providing reasonable accommodation or reporting a Worker's Compensation injury. Under the facts above, it does not appear that...
There are a tangle of issues here and it is never good to have one's privacy violated, especially by a co-worker. On the facts here, it appears that your company internally disclosed that you have a disability. Generally speaking, under the ADA, employers cannot disclose employees' health information to third parties without meeting some of the exceptions such as providing reasonable accommodation or reporting a Worker's Compensation injury. Under the facts above, it does not appear that...
Q: I was cursed of being a $100 short and got fired what should I do
2 Answers
| Asked
in
Employment Law, Family Law, Banking and Employment Discrimination
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
P. Justin Thrailkill's answer
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
Q: I keep being passed over for promotions while younger workers are passing me up. Do I have a discrimination claim?
Ashley Ann Krapacs' answer
Discrimination cases depend very heavily upon all the facts of the particular situation, so there's not enough information to say for sure. I'd suggest you post again and include the following information: your job title/role; job titles/roles of co-workers who have been promoted before you; job performance history of you and co-workers who have been promoted first; how long you've been employed there versus co-workers; any information on a promotion policy that your employer has in place; your...
Discrimination cases depend very heavily upon all the facts of the particular situation, so there's not enough information to say for sure. I'd suggest you post again and include the following information: your job title/role; job titles/roles of co-workers who have been promoted before you; job performance history of you and co-workers who have been promoted first; how long you've been employed there versus co-workers; any information on a promotion policy that your employer has in place; your...
Q: b. What if a manager harasses both male and female employees equally, Y does this not fall under title VII
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
V. Jonas Urba's answer
Was the harassment "because of sex"? Being nasty or uncivil or mean to employees is not harassment. The United States Supreme Court has said that employment laws are not a civility code. An employer might be able to call employees idiots. But not retards (regarded as disabled). And they can not call employees bitches (derogatory gender or because of sex to females) or maybe not even wimps if they are males because that implies they are not regarded as masculine enough or gender non conforming /...
Was the harassment "because of sex"? Being nasty or uncivil or mean to employees is not harassment. The United States Supreme Court has said that employment laws are not a civility code. An employer might be able to call employees idiots. But not retards (regarded as disabled). And they can not call employees bitches (derogatory gender or because of sex to females) or maybe not even wimps if they are males because that implies they are not regarded as masculine enough or gender non conforming /...
Q: a. What defenses does an employer have when an employee engages in actionable sexual harassment?
2 Answers
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
V. Jonas Urba's answer
What did the employer know? What did the employer do? What training and notices did the employer provide? Most importantly, who was the accused in relation to the accuser? If the accused has a Ph.D. and the accuser has essentially no formal education - a 1 employee shop- there may be no defenses. Seek legal counsel. These are never easy cases although most people think they are.
What did the employer know? What did the employer do? What training and notices did the employer provide? Most importantly, who was the accused in relation to the accuser? If the accused has a Ph.D. and the accuser has essentially no formal education - a 1 employee shop- there may be no defenses. Seek legal counsel. These are never easy cases although most people think they are.
Q: I was fired from my place of employment by my GM while I was on FMLA. How can I sue Them for wrongful termination?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Arizona
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Salim U. Shaikh's answer
Prima facie, you have a case. Please note in either way you have to enter into settlement or the current offer of 7500 as damages with offer of job continuity could be considerable. However, you may consult Attorney of your local jurisdiction for specific advice.
Prima facie, you have a case. Please note in either way you have to enter into settlement or the current offer of 7500 as damages with offer of job continuity could be considerable. However, you may consult Attorney of your local jurisdiction for specific advice.
Q: Was i wrongfully terminated?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Timothy Denison's answer
Possibly, yes. Did your employer have a handbook? We’re the procedures followed? Did your employer have a family medical leave act?
Possibly, yes. Did your employer have a handbook? We’re the procedures followed? Did your employer have a family medical leave act?
Q: Employer of (35 yrs +) began making me send emails to office mngr when I arrive & leave work. Yet no1 else has too!!
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Ohio
on
Answered on Jun 10, 2018
Answered on Jun 10, 2018
Salim U. Shaikh's answer
It's a part of discrimination and work harassment. You may sue them on this account.
It's a part of discrimination and work harassment. You may sue them on this account.
Q: How can someone get help for racial discrimination in the work place, she works for the city of Los Angeles?
1 Answer
| Asked
in
Civil Rights and Employment Discrimination
for
California
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Louis George Fazzi's answer
Your friend needs to go to the Department of fair employment and housing website to learn how to file a complaint of discrimination on her own behalf. Either that, or she needs to contact an employment attorney who represents employees to help her file charges of discrimination with either the EEOC or the California Department of fair employment and housing. Your friend obviously needs assistance, and no lawyer I know will give you advice on how to help her. We cannot act through...
Your friend needs to go to the Department of fair employment and housing website to learn how to file a complaint of discrimination on her own behalf. Either that, or she needs to contact an employment attorney who represents employees to help her file charges of discrimination with either the EEOC or the California Department of fair employment and housing. Your friend obviously needs assistance, and no lawyer I know will give you advice on how to help her. We cannot act through...
Q: Okay so i started work yesterday i am 15 years old, on my i’d and application and all. And i was fired within an hour
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Timothy Denison's answer
Probably nothing to be done. Kentucky is an at will employment state, which means they can fire you for any reason or no reason st all.
Probably nothing to be done. Kentucky is an at will employment state, which means they can fire you for any reason or no reason st all.
Q: Can an employer ask you to reveal what religious observance day you are asking for?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Michael Diederich Jr.'s answer
If you wish to be accommodated for your religious beliefs, the employer should be informed of your desired accommodation (e.g., if you wish to observe a religious holiday).
If you wish to be accommodated for your religious beliefs, the employer should be informed of your desired accommodation (e.g., if you wish to observe a religious holiday).
Q: How long do I have to file a civil lawsuit for discrimination at work if I want to pass the MDHR and EEOC process in MN?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Minnesota
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Joseph A. Gangi's answer
The EEOC is a federal process with its own set of time and other requirements. If you do not file an administrative charge or take other action, the Minnesota Human Rights Act allows you to file a civil lawsuit alleging a violation of that Act within one year after the discriminatory practice occurred.
The EEOC is a federal process with its own set of time and other requirements. If you do not file an administrative charge or take other action, the Minnesota Human Rights Act allows you to file a civil lawsuit alleging a violation of that Act within one year after the discriminatory practice occurred.
Q: Can I be terminated from a job bc the boss says a ALE officer says I can't if I'm a server and I bring alcohol to table
Kirk Angel's answer
Yes. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. It does not matter whether the ALE officer says you can bring the alcohol or not as your employer can fire you either way.
Yes. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. It does not matter whether the ALE officer says you can bring the alcohol or not as your employer can fire you either way.
Q: What rights as a tenant and employer of a motel do i have
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Landlord - Tenant
for
California
on
Answered on Jun 3, 2018
Answered on Jun 3, 2018
Manuel Alzamora Juarez's answer
You may have several causes of action. Please see a labor lawyer in your area. It seems that you may have a wage claim and overtime issues. Best of luck!!!
You may have several causes of action. Please see a labor lawyer in your area. It seems that you may have a wage claim and overtime issues. Best of luck!!!
Q: Can I sue for discrimination on a background check?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Employment Discrimination and Employment Law
for
Michigan
on
Answered on Jun 1, 2018
Answered on Jun 1, 2018
Brent T. Geers' answer
Employers, generally, can hire or fire people for almost any reason except for reason of protected status (e.g. race, gender, religion). We live in an age where people are fired, and then not hired, for tweets.
But here's where you stand now: 1) a final decision hasn't been made, 2) if you don't get the job, how can you prove that the decision was made based on this criminal record?
Lastly, it's quite possible that the employer accessed ICHAT records which may have shown an...
Employers, generally, can hire or fire people for almost any reason except for reason of protected status (e.g. race, gender, religion). We live in an age where people are fired, and then not hired, for tweets.
But here's where you stand now: 1) a final decision hasn't been made, 2) if you don't get the job, how can you prove that the decision was made based on this criminal record?
Lastly, it's quite possible that the employer accessed ICHAT records which may have shown an...
Q: I was wrongfully terminated because I called corporate on two supervisor who has been harassing me since I’ve been there
F. Anthony Bullock's answer
You may have a cause of action for retaliation. Please call my office to discuss your concerns further. 404.551.5333.
You may have a cause of action for retaliation. Please call my office to discuss your concerns further. 404.551.5333.
Q: i need to know if i need an attorney for a HEARING AND PRE-HEARING ORDER.case# 00044 at the DOL
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
New Jersey
on
Answered on May 30, 2018
Answered on May 30, 2018
Richard Yaskin's answer
Please share the type of case you have at the DOL and what is at issue. I should then be in position to answer your question.
Richard
Please share the type of case you have at the DOL and what is at issue. I should then be in position to answer your question.
Richard
Q: Can Delaware north sports group at Camden yards take a non profit volunteer without permission of the sub contractors
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Entertainment / Sports
for
Maryland
on
Answered on May 28, 2018
Answered on May 28, 2018
John Espinosa's answer
This sounds like a matter of contract. Have any attorney review the applicable contracts with your subcontractors to determine if you need their pernission or not.
This sounds like a matter of contract. Have any attorney review the applicable contracts with your subcontractors to determine if you need their pernission or not.
Q: What rights do I have being sent home from work due to a doctor's note, yet I am still able to perform many job duties?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
North Carolina
on
Answered on May 28, 2018
Answered on May 28, 2018
Kirk Angel's answer
Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.
Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.
Q: NC Labor Laws and Employer
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on May 28, 2018
Answered on May 28, 2018
Kirk Angel's answer
North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.
North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.
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