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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Indiana on
Q: I was terminated before I started a job

After selling or giving away much of our personal effects and furniture, accepting an offer on our home, I received a call late Friday that the hiring manager is no longer with the company and the job offer I had signed has been rescinded and terminated.

The feelings I have rushing through... View More

T. Augustus Claus
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answered on Nov 15, 2023

Many people have had their job offers rescinded, often for reasons beyond their control.

There are a few reasons why a company might rescind a job offer. One reason is that the company may have lost funding or had to make layoffs. Another reason is that the company may have found a more...
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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: i worked for a restaurant for 5 and sum years. i felt i was forced to quit after being yelled at for something petty

the boss was chef and the wife was cashier. the kids ran as floaters. i never called out always there on time. i did everything there. the daughter for some reason was picking on me. pointing things out to her father to where he was now yelling at me. one day he approached me to tell me not to make... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 13, 2023

What you can do right away, is contact the labor commissioner of the state of California. Their only job is to protect workers and to make sure that their rights are secure. You can reach the Labor Commissioner on the web here: https://www.dir.ca.gov/dlse/

Report what happened to you, and...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I apply to jobs is it job discrimination if no get back to me email they dont say cant get job because disability?
Neil Pedersen
Neil Pedersen
answered on Jan 9, 2025

It is unlawful for a company to deny you an interview and employment because of a disabling condition that could be accommodated. You will have to prove that is why you are not getting interviews or offers. It will not be enough to speculate that is the reason for the employer's actions.... View More

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1 Answer | Asked in Employment Law, Family Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I sue my previous employer for letting me go while on short term disability to have my baby?

I did not qualify for FMLA or the company’s maternity leave, so I applied for short term disability through the insurance I paid for out of my checks. I got one small payout while on leave. I wasn’t out of work for a full two weeks before HR emailed me and said my position was filled and I... View More

James L. Arrasmith
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answered on Jan 7, 2025

Based on what you've described, you may have grounds for legal action against your former employer for pregnancy discrimination and disability discrimination under federal and state laws. The timing and circumstances of your termination while on short-term disability for pregnancy-related... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: My Work Sex Harassment video! Every perp is White male, victim female (gay or black).Reverse Discrimination. Fix it!!

Discrimination is illegal!! I'm harassed by having to watch the video! How can I go after producer of video not my work place ( they are only complying) for insurance reasons! The Producer should have to make a new non discrimination video . How do I get them to do that? Thanks Scott

James L. Arrasmith
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answered on Jan 7, 2025

I understand your concern about feeling the training video shows bias. While workplace harassment can affect people of any gender, race, or orientation, your options for pursuing action against the video producer may be limited since they created content commissioned by your employer.

If...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My attorney has sent out a demand letter in ca what if they never respond and just ignore the notice what happens then?
Brad S Kane
Brad S Kane
answered on Jan 6, 2025

Normally, if the defendant ignores a demand letter, then the plaintiff will file a civil complaint in Court.

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1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Louisiana on
Q: How to find a contingency lawyer if you blew employer out the water in your rebuttal to their position statements

The lied and my copies I kept prove they didn't follow h.r. procedure and hid it not knowing I had copied which shows pretext

James L. Arrasmith
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answered on Jan 5, 2025

Start by researching attorneys who handle employment disputes and offer contingency fee arrangements. Look for those with a track record of success in cases involving HR procedures and employer misconduct. Online legal directories and reviews can provide insight into their reputation and... View More

1 Answer | Asked in Libel & Slander, Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: If a person works and lives on hotel premises, do they have the same rights as a guest or do they have different rights?

She is definitely being discriminated against for her gender and treated differently

James L. Arrasmith
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answered on Jan 5, 2025

When you work and live on hotel premises, your rights differ from those of guests. As an employee, you are entitled to specific workplace protections, including fair treatment and a safe environment. Employers must adhere to labor laws, which cover issues like working hours, wages, and... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New Hampshire on
Q: Temp to hire first full time app withdrawn to due background discrimination was against policy but hired year after

1 background with temp met screening requirements, second application 4/5 months after first was dismissed and withdrawn for the purpose of retention with lower pay and no benefits. Finally got offer year later with lower pay than initial first offer year ago, misclassified as non exempt and exempt... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing these challenges at work. It’s important to document all incidents related to discrimination, pay discrepancies, and lack of safety training. Keep records of communications, job offers, pay stubs, and any unsafe conditions you encounter.

You might...
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1 Answer | Asked in Civil Rights, Employment Discrimination, Internet Law and Libel & Slander for Wyoming on
Q: Can I sue a newspaper for damages from putting my mugshot online before I had a trial or was convicted?
James L. Arrasmith
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answered on Jan 5, 2025

You may have the option to take legal action against a newspaper for publishing your mugshot before a trial or conviction. Depending on where you live, there could be laws that protect individuals from having their arrest information shared publicly before they are found guilty. Claims such as... View More

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for New Mexico on
Q: Hello, I recently lost my teaching job due to a RIF. I received no notice of this prior and I have seniority.

I am at a charter school in Albuquerque(not under APS). No notice was given and I was one of 3 teachers in my department who lost their position. I have seniority of both of them. What can I do? How can I fight this?

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your situation. Start by reviewing your employment contract and any relevant policies the charter school has regarding layoffs and seniority. Ensure that the process followed aligns with what’s stipulated in these documents.

Next, gather all documentation...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Do I have a Racial Discrimination / Age Discrimination / Retaliation Case Against My Employer?

Black woman, 62, EA w/employer 4+ yrs. Hired to support 2 Executives. Good performance evals. Re-Org occurred. I was Temporary assigned to a Director by my Executive. Reason: location. He's in VA, I'm in NYC. Oral agreement w/ Executive made. Prior to Executive leaving Co I reiterated our... View More

James L. Arrasmith
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answered on Jan 5, 2025

Based on what you've shared, there may be grounds to explore potential claims of racial or age discrimination and retaliation. Your consistent performance, the specific changes in your assignments following the dismissed cases, and being the only Black female affected are factors that could... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Personal Injury for Ohio on
Q: I settled a suitw with former employer for wrongful termination. Can I also sue my supervisor for discrimination?

I settled with the company for wrongful termination.My boss called me in her office while working there along with another boss.She said I was being "mean"to the new younger girls.I replied, " I never said anything mean to them,I asked them to help" my boss replied that they... View More

James L. Arrasmith
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answered on Jan 5, 2025

It's understandable that you feel upset by your supervisor's comments. Generally, workplace discrimination claims are directed at the employer rather than individual supervisors. This is because employers are responsible for the actions of their employees and maintaining a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: If my coworker took and non consensual photo of me at work and showed my boss but he didn’t report, can they get introub

The photo was taken of my pants, and then was showed to a boss. The boss failed to report the action. Can either of them be found in legal trouble for the incident?

Jeremy Donham
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answered on Dec 30, 2024

Good afternoon. This is a difficult query as we may need additional context to better understand why the co-worker was taking pictures of you. You certainly will want to consider bringing this to the attention of your human resources and reporting it as it could be deemed harassment in some form... View More

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for California on
Q: Private business employee

I am independently working for a second hand store and have had problems with the business owner next door to my employment associates. I have been stalked by the neighboring business and terraced by owner and have lost wages and have been prevented of accessing property without validity

James L. Arrasmith
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answered on Dec 29, 2024

I'm really sorry you're going through this difficult situation. It's important to prioritize your safety, so consider reaching out to local law enforcement to report any stalking or threats you've experienced. Document all incidents meticulously, including dates, times, and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would I have a case if I received a job offer by phone and then was told later the the offer was receded.

When I asked why I was told I’m no eligible for rehire with no further information however during my previous employment I was never put on any disciplinary actions

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2024

No, you probably would not have a case. Employment is normally "at will", which means that an employer does not need a reason to terminate your employment.

Q: Do i have a case against my boss for unfair treatment

I have gotten written up for things that happened 5 months ago after already being reprimanded and treated like crap for a month mind you 4 other girls do the same things I do and never get written up for anything just me. She also takes a half hour pay from us everyday for lunch but won't let... View More

Joseph Korsak
Joseph Korsak
answered on Dec 18, 2024

You at least have a wage and hour claim under federal law. Look me up at korsaklaw.com,

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I seek legal counsel if the harassment continues?

I had recently asked about a coworker calling me a derogatory name. Thank you to the attorney for the response.

I know my employer spoke with the male employee. He wasn't terminated. However, I think he is going to retaliate. I pulled out my cell phone out just in case. He was in... View More

Brad S Kane
Brad S Kane
answered on Dec 17, 2024

If he continues, keep a log of each incident, continue reporting it to HR and reach out to an attorney to discuss privately off line. Postings on this board are not protected by the attorney client privilege.

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