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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

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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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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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

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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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can a company fire me for breaking policy while others only get a warning?

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

Daniel Michael Luisi
Daniel Michael Luisi
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.

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Brad S Kane
Brad S Kane
answered on Mar 3, 2025

First, if HR is not willing to communicate about your complaint in writing that is a huge red flag.

Second, the reduction in your hours is already an adverse employment action, so it appears that your employer is asking you to accept the discrimination that has already occurred....
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Maya L. Serkova
Maya L. Serkova
answered on Mar 3, 2025

I agree with my colleague's response that your employer's conduct is not entirely lawful here. At this point, I suggest you consult an employment law attorney for a more individualize assessment of your case, who will further examine your situation and explain your options. Most... View More

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2 Answers | Asked in Employment Discrimination, Arbitration / Mediation Law and Employment Law for California on
Q: Denied promotion due to potential favoritism and discrimination; exploring options under arbitration agreement.

I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More

Brad S Kane
Brad S Kane
answered on Feb 28, 2025

Your next steps should be to prepare a chronology of events supported by documentary evidence.

Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a...
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1 Answer | Asked in Business Law, Consumer Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: Misleading job offer, harassment, and misuse of personal information in Pittsburgh, PA. What are my legal options?

I moved out of state for a job advertised as an office manager position, but it was actually an accountant role for a small business and personal accountant for the owner. The job falsely advertised benefits like paid holidays and insurance, which were not provided. I have the original job listing... View More

Jeremy Donham
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answered on Feb 27, 2025

Sorry to hear of this. My suggestion is that you call an employment attorney in your locale and discuss possible claims falling under gender discrimination and harassment. You can also reach out to the EEOC online and file a complaint. It is urgent that you do so quickly as there are limitation... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for North Carolina on
Q: Are employer's health-related write-ups illegal in NC?

I work at a company where three of us are on the verge of losing our jobs due to write-ups related to health reasons. One employee was written up for attending workers' compensation appointments for a concussion. A second employee, who is pregnant, was penalized for a scheduled hospital visit... View More

Kirk Angel
Kirk Angel
answered on Feb 20, 2025

In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.

For example, an employer in North Carolina is not...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is denial of ADA accommodation for anxiety legal?

I suffer from chronic anxiety and high blood pressure, and I've been diagnosed by a physician. I'm on blood pressure medications and beta blockers for these conditions. My employer previously granted a workplace accommodation allowing me not to report to our Oakland office, as this... View More

Neil Pedersen
Neil Pedersen
answered on Feb 19, 2025

The answer to your question requires far more information than your post provides. You need to locate and consult with an employment law attorney to get the kind of advice you seek. It may be the employer is violating your rights, but it is also possible that you have not done enough to put the... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I work in Texas.I have suspect my boss is secretly recording on private conversations after she leaves work.

I notice my boss immediately changing her attitude after a private conversation I had with a coworker in which we both were venting about our mutual boss. The coworker has also had to deal with a shift in attitude from the boss, so I do not suspect it is her talking to the boss. I have noticed an... View More

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

If you suspect your employer has been recording your conversations with a fellow employee without consent, you should attempt to ascertain if your suspicion is correct. While it is not "employment discrimination," it may nevertheless be illegal. It may even be a crime.

It is...
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5 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: I’m inquiring about what type of attorney can assist with my case? Could this be a civil matter?

I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Feb 12, 2025

Hello – your experience sounds awful. You may still have a cause of action against the manufacturer if the defect was known and there was a recall. You might be able to establish liability by having the employer and repair facility testifying your behalf. While it is a challenging case, you still... View More

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5 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: I’m inquiring about what type of attorney can assist with my case? Could this be a civil matter?

I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More

Stephen Bilkis
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answered on Mar 12, 2025

I’m truly sorry to hear about the traumatic workplace incident you experienced, and I understand how distressing it must be to navigate the aftermath, particularly with the complications surrounding the defective device and the withheld evidence. Based on the information you’ve shared, it does... View More

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5 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: I’m inquiring about what type of attorney can assist with my case? Could this be a civil matter?

I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2025

I'm so sorry about your accident. There's a lot to sort out in this brief summary. Your post doesn't mention if you had a workers' comp attorney. If you did, then you could focus on possible third-party claims, which my colleagues correctly point out. That could mean a case... View More

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5 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: I’m inquiring about what type of attorney can assist with my case? Could this be a civil matter?

I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More

Jonas  Urba
Jonas Urba pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

Injuries which occur within the course and scope of your employment are not lawsuits. They are statutory claims for workers compensation benefits. Of course, you likely already have a workers compensation lawyer so you need to keep counsel informed of anything and everything you are even thinking... View More

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5 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: I’m inquiring about what type of attorney can assist with my case? Could this be a civil matter?

I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More

Nicholas James Shemik
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Nicholas James Shemik
answered on Feb 13, 2025

In addition to a workers' compensation claim, you may be able to bring a third-party personal injury action against an entity other than your employer for this claim if they are responsible for the cause. Based on your submission, that could either be the manufacturer or an outside,... View More

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2 Answers | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California on
Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 10, 2025

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Am I being unlawfully fired?

At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.

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