Employment Discrimination Questions & Answers

Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Answered on Jan 21, 2018

It is unlawful for a business to discriminate against applicants over the age of forty on the basis of the applicant's age. An employer may be liable to an applicant refused a job on the basis of age if the employer employs more than the minimum threshold under federal and state law. Your mother should talk to an employment lawyer in Colorado about what happened.
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Q: I caught my boss recording me at work 5 times already. I work at a private college in NY. Is it illegal?

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Jan 18, 2018

Assuming you are not a union member what do your policies and procedures say about recording? Anything? If you called me and decided to record our conversation without telling me, in New York State, no worries. You can do it and I would never know and even if I did know there would be nothing I could do about it.

You should familiarize yourself with the schools's policies and procedures and follow them closely. No union, no contract, not a government employee means that your employer...
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Q: if You have a medical condition, can your employer make you leave work ?

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Answered on Jan 18, 2018

If it's a diagnosed disorder, your employer's conduct may be considered to be discrimination under the Americans with Disabilities Act (ADA) and prohibited. They are required to give you a reasonable accommodation so long as it is not an undue burden. Are they still paying you for the time they sent you home for? What about coming in again? We need further information and a consultation is worthwhile.
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Q: Can an employee be legally prosecuted if he defames the employer?

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Answered on Jan 17, 2018

Yes you can hire a lawyer and sue him, but first you may want to have the lawyer send a cease and desist letter, its cheaper and may solve your problem.
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Q: Two multi family housing employees live on site. Both have signed the company lease, just as non employee residents do.

1 Answer | Asked in Employment Discrimination and Landlord - Tenant for Virginia on
Answered on Jan 17, 2018

You should file a complaint for discrimination with the US Dept of Housing.
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Q: Do I have a racial discrimination case for the following occurrences? Due to limited characters, I must list less facts.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Jan 17, 2018

You may potentially have a case. Seems like the circumstances need to be discussed further. A consultation may be worthwhile.
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Q: Does refusing an employee light/modified duty, then allowing another employee to perform light duty qualify as..Cont

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Answered on Jan 17, 2018

Not automatically, but it does suggest unlawful discrimination. I recommend consulting with an experienced employment attorney to help you determine whether it was unlawful discrimination and to discuss your options moving forward.
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Q: I'm working at a job where my one boss doesn't like me and wants me gone. Tried to make me signed a document that's not

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Jan 16, 2018

Never quit. Never violate company policy or rules. If they tell you to do or not do something follow orders.

Look for a new job - fast. Get one before they fire you.

No union, no government, no contract you are "at will." They can fire you for a good reason, a bad reason, or no reason at all.

You have not stated any facts that you are being discriminated. Treating everyone rudely is not illegal. Of course if the rude language includes racial, sexist, gender phobic, or...
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Q: I drive a truck and my employer everytime theres a route thats not done because they didnt call me on time to do it..

2 Answers | Asked in Employment Discrimination and Employment Law for New Jersey on
Answered on Jan 15, 2018

You need to speak to an employment law lawyer, however even to answer your question it is not clear whether your are salary employee or an independent contractor as in this case you need probably a contracts lawyer.
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Q: My boss during a training conference said a couple of racist and discriminatory comments

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Answered on Jan 13, 2018

Not really sure what options you have. I recommend looking at your employee handbook and/or speaking to HR.

However, racist or discriminatory comments on one occasion are not, by themselves, unlawful. To be unlawful harassment, the comments would have to be repeated on multiple occasions or be a part of long racist or discriminatory conduct. To be unlawful discrimination, the comments would have to form the basis of either an adverse action and/or disparate treatment based on the...
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Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Answered on Jan 12, 2018

This irs does allow you to deduct attorney fees paid to recover in a discrimination claim on line 36 of form 1040

https://www.irs.gov/publications/p525#en_US_2016_publink100041600
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Q: I want to know if my case is sexual abuse in Domestic violence or sexual harassment in employment law.

1 Answer | Asked in Domestic Violence, Employment Discrimination, Employment Law and Sexual Harassment for California on
Answered on Jan 10, 2018

You need a really good female attorney with experience handling sexual harassment claims. Go to this web page and you will see a selection of attorneys in Southern California whom you might contact. https://attorneys.superlawyers.com/sexual-harassment/california-southern/los-angeles/

and good luck to you.
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Q: Do i have a case?

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Answered on Jan 10, 2018

I'm assuming you're a member of a protected class and the discrimination you're feeling is based on race, national origin, sex, age, disability, creed, etc. There are state and federal laws prohibiting discrimination but unless you're working under some employment contract you are considered an at-will employee. So long as you're not terminated for discriminatory reasons being an at-will-employee drastically limits your rights. It's always a hard pill to swallow when people discover what few...
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Q: On November 1,2017 I saw a workers compensation doctor because of a work related Injury. I was placed on leave of

1 Answer | Asked in Employment Discrimination for California on
Answered on Jan 9, 2018

What wrongful termination? If your employer reinstated you to your former position, or job, then I don't understand your issue. What do you want, your job or a lawsuit?
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Q: Can I sue my past employer?

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Ohio on
Answered on Jan 8, 2018

For what it's worth, depending on what happened, you may be entitled to a Workers' Compensation claim for some of your injuries. I would contact a Workers' Compensation attorney for the circumstances regarding the forklift incident and headbutting incident.
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Q: No call no show rules for Illinois?

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Answered on Jan 8, 2018

Your question is a little confusing. To me, "no call, no show" implies they are not paying you for the time you are actually working that day. They have to pay you for time you work.

If your question is whether the employer can fire you for being late (even if you call in) and you are an "at will" employee, then yes, you can be fired. Illinois is an "at will" employment state. An at will employee can voluntarily quit his employment at any time, for any reason or no reason at all, with...
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Q: Can I be denied a chair at work at 37 weeks pregnant although I've provided a doctor's note stating I'm pregnant?

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Answered on Jan 8, 2018

You should follow your employer's direction to provide a medical basis for your request for a chair. Accommodations for pregnancy may be covered by the Pregnancy Discrimination Act and the Americans with Disabilities Act, but your employer does have a right to seek medical support for your accommodations request. If you obtain a doctor's note indicating that because of your pregnancy you need to sit then your employer should be obligated to accommodate you. If they don't even after you...
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Q: Can my employer force me to take their insurance? Can I get a waiver for religious reasons?

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Answered on Jan 7, 2018

If you have a religious objection to some of the benefits the insurance plan provides you don't have to use those benefits. For example, if the policy covers birth control, abortions and blood transfusions, all of which you object to, the policy will not require you to use contraception, have an abortion or receive a blood transfusion. I'm not sure why the employet insists you use their plan if they're not paying any of the premium. Someone else may know.
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Q: workplace had open maint lead position.Ask everyone to apply by a certain date, then told me i cant apply. Illegal?

1 Answer | Asked in Employment Law and Employment Discrimination on
Answered on Jan 4, 2018

To compete for a higher position as advertised by them is your right. Whether you can compete or not is another issue. It seemed your employer has bent upon not to consider your candidature against that opening, which is devoid of their rules. Consult Attorney of your local jurisdiction for specific advice.
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Q: Are you still consider an employee if you are suspended with pay pending an investigation?

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Answered on Jan 4, 2018

Yes, suspension with pay pending investigation is not termination. Therefore, days/months will be counted as employee.

Paid time off balance cannot be reduced [ sorry to say, this is a felony and not a 20 yrs old offence ... it would be a double jeopardy on their part ].

You must consult Attorney of your local jurisdiction for advice & guidance, in case background check end up in termination, it would help you to be ready for the worst.
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