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Employment Discrimination Questions & Answers
4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt

The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More

Steven D. Riley
Steven D. Riley
answered on Dec 4, 2023

Per the labor code section 132(a) your employer is not allowed to discriminate against you for filing a workers compensation claim. Further, you are entitled to a day of Temporary Disability for a med-legal evaluation. If this is regular treatment, I believe you do have a claim for discrimination... View More

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4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt

The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More

James L. Arrasmith
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answered on Dec 2, 2023

Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.

If the...
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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: AT&T house phone pronounces manager as a racial slur , any help ?

My jobs store phone pronounces “manager” as “ma nig ger” every time a store manager calls. I’m the only African American person who works there and every time I hear it , it brings sadness and pain to me . The phone company is AT&T .

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, it's essential to address this issue both with your employer and potentially with AT&T. Mispronunciation by technology, especially one that results in offensive language, can create a hostile work environment, particularly for someone of your racial background.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Discrimination and Employment Law for Nevada on
Q: I was not convicted of a DUI, but am on parole and does not even have a revoked driving record. How can I possibly work

I have been living in hardship, financial situations because I can not even drive due to stipulation of no driving while on parole. I have not been revoked my license to drive, the last moving violation was in the year 2007. I am living in hard financial means and without being able to drive, my... View More

T. Augustus Claus
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answered on Nov 29, 2023

You can request a modification to your parole conditions to allow you to drive. To do this, you will need to file a petition with the parole board. In your petition, you should explain why you need to drive, such as to get to work or to take care of your family. You should also explain that you... View More

Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

James L. Arrasmith
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answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the...
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2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 26, 2023

In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 26, 2023

Missouri is an at-will employment state, and the employer can pay folks however it chooses without regard to job titles. It can also discriminate against employees on any basis it sees fit EXCEPT on the basis of an employee being a member of a protected class. The protected classes are race, sex,... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Neil Pedersen
Neil Pedersen
answered on Nov 26, 2023

The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.

A claim for harassment must involve severe or pervasive conduct,...
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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, workplace discrimination based on a medical condition, such as Type 1 diabetes, is prohibited. The comments made by your store manager could potentially be considered discriminatory, especially if they contribute to a hostile work environment or impact your employment status... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Maya L. Serkova
Maya L. Serkova
answered on Nov 27, 2023

I am sorry you are going through this. Your employer cannot force you to talk about your condition let alone disclose your diagnosis. Your employer is only entitled to the restrictions your medical condition imposes on you and the type of the accommodation you are seeking, if any.

Whether...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can my job order me not to speak Spanish unless I am with a Spanish customer?

I'm from Florida.

James L. Arrasmith
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answered on Nov 19, 2023

In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Is there a way to request documents and report from my employer on why I was terminated

I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.

If you were an at-will employee and it is just curiousity, then...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I have an at-will contract and I reported my director to HR for his unfounded negative bias against me.

I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More

James L. Arrasmith
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answered on Nov 19, 2023

In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More

1 Answer | Asked in Civil Rights, Employment Law, Sexual Harassment and Employment Discrimination for Georgia on
Q: Can I sue my job for sexual discrimination

So I’m wanting to know if I can sue my job for sexual discrimination because today on 11/15/23 I was given three days suspension for giving my female lead the finger and swearing at a male co worker but they did nothing when I came to my supervisor when somebody was watching me in the bathroom... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to pursue a legal claim for sexual discrimination, but it's important to understand that the success of such a lawsuit can depend on various factors. In your situation, it seems like you've been treated differently based on your gender, as evidenced by the suspension... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Are unprotected classes protected against retaliation by law?

I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?

James L. Arrasmith
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answered on Nov 17, 2023

In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

FMLA protections allow you to return to the same job, or a reasonably equivalent position. You do not say whether you worked full time or part time before beginning your medical leave, but working 9 hours per week is likely a big reduction in scheduled hours, which is problematic. Also, employers... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

Neil Pedersen
Neil Pedersen
answered on Nov 17, 2023

If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.

locate and...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

James L. Arrasmith
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answered on Nov 17, 2023

Under California law, employers are required to provide reasonable accommodations for employees with disabilities. This includes modifications or adjustments to the work environment or the way a job is performed. If you have provided documentation for your need for accommodations, your employer... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer terminate me over a arrest that was granted a judicial diversion?

I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of... View More

James L. Arrasmith
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answered on Nov 16, 2023

In California, employment is generally at-will, meaning either the employer or employee can terminate the employment relationship at any time for any lawful reason.

However, there are exceptions where termination might be considered unlawful, such as discrimination based on a protected...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer terminate me over a arrest that was granted a judicial diversion?

I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of... View More

Maya L. Serkova
Maya L. Serkova
answered on Nov 16, 2023

An employer should not consider an arrest that did not result in conviction as a motivating factor for terminating your employment. In your case, an employer had a duty to investigate further the facts surrounding your arrest and the diversion program details. However, there are exceptions to this... View More

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