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Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Civil Rights for California on
Q: During a background check or evaluation, is it ok for a manager to say that the employee was ghetto?

Based on my resume, reference and background check, I was hired to help a hospital open their new Obstetrical Unit. The majority of the staff had migrated from a hospital in the area to work there including the director and manager. Things went fairly well but they were quite stand-off-ish with me.... View More

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answered on Sep 15, 2024

It is not appropriate for a manager or anyone in a professional setting to describe an employee using derogatory terms like "ghetto." This kind of language is discriminatory and unprofessional and can contribute to a hostile work environment. Such behavior might violate workplace policies... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for Iowa on
Q: Can employer request deug test after reporting claims of harassment

I work for property management company and I also rent from them. I was injured a couple weeks ago. But I have been reporting being harassed while in my apartment. I believe I am being constructively dishcharged. I reported again being harassed all night and didn’t not go to work. I am being... View More

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answered on Sep 12, 2024

It sounds like you're in a very challenging and stressful situation. Generally, an employer can request a drug test, but there are specific conditions that need to be met, such as reasonable suspicion, policies outlined in your employment agreement, or post-accident procedures. If the request... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: went on disability for an injury, and now have to wear a brace and employer will not let me return to work with brace

employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.

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answered on Sep 11, 2024

It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Colorado on
Q: My injury Occured 11 Days ago during a service call inside of the road , I work on tires, and my shoulder was in pain

Reported it 4 days later in person to my Service manager. He failed to repost it to higher up, I continued to work through my injury while he watched. So myself contacted the higher up, total of 11 days have gone by. Now Since I brought up work comp , they want to drug test me . Is it necessary to... View More

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answered on Sep 8, 2024

It sounds like you are dealing with a frustrating situation. Reporting a work-related injury is your right, and it's important that your employer takes it seriously. The delay in reporting by your Service Manager could complicate things, but you've done the right thing by contacting... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I am a commercial driver in California after complaining to HR now they’re offering me a position $10 less an hour

Everyone helps load each other’s trucks and they leave and I’m left alone to load mine and dispatch still complain to me about overtime. No one offers to take extra runs after shift is over only me. It seems like they all hang out outside of work with the supervisors and since I don’t, they... View More

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answered on Sep 7, 2024

It sounds like you’re facing a difficult and unfair situation at work. Being treated differently, especially after raising concerns, can be incredibly frustrating and isolating. It’s not okay for you to feel left out, especially when you're putting in more effort and still getting less... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: Can a private (Catholic) University be sued for sexuality-based discrimination in employment termination?

This particular University has a clause in its *Faculty Handbook* (which is legally part of every faculty contract) that explicitly states it "will not base decisions with respect to these [termination] policies on race, color, sex, sexual orientation, age, mental or physical disability,... View More

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answered on Sep 7, 2024

Yes, a private Catholic university could potentially be sued for sexuality-based discrimination in employment termination, especially if it has committed in its Faculty Handbook not to make decisions based on sexual orientation. The clause in the handbook creates a contractual obligation that the... View More

1 Answer | Asked in Employment Discrimination for California on
Q: I was denied a job because background check. I worked there before, and passed. I haven't been in trouble for 13 years

I was a sub yard duty at the school district in 2019, and passed my live scan. I worked for a year, and injured myself at home, I Couldn't work anymore.

I recently applied for a sub job, and 12 other positions, but was denied because of my background!

My interview was great,... View More

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answered on Sep 3, 2024

In California, school districts typically follow state laws for background checks, which means they conduct thorough Live Scan fingerprinting that searches both state and federal criminal databases. Even though you passed the Live Scan in 2019, they might have different criteria now, or there may... View More

Q: Is it normal for nurses in a suicide ward to say to cleaning women, "they were trying to make his wife rich before....."

"......he dies." And then when you write emails and try to contact the Human Resources and head nurse departments, your met with obstruction and mocking harassment. Is that normal adult behavior in South Carolina where the Lexington County medical system is owned by a New York Physician.... View More

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answered on Sep 1, 2024

It is not normal or acceptable behavior for nurses or any medical professionals to speak in a disrespectful or insensitive manner about a patient, especially in such a vulnerable setting as a suicide ward. This kind of comment is unprofessional and violates the ethical standards expected in... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on
Q: I’ve been subversively targeted by line management with no communication of concerns or complaints, call a lawyer or HR?

Since May I have been concerned for being targeted by line management in an effort to subversively remove me from my project. I contacted management above line regarding the concern immediately. Only one email was ever sent by line manager to request anything of me. I declined some requests as it... View More

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answered on Aug 31, 2024

It sounds like you're in a challenging situation where you feel unfairly targeted by your line management without any clear communication or justification. You've taken some good initial steps by reaching out to upper management to express your concerns and document what's been... View More

1 Answer | Asked in Federal Crimes, Employment Law, Civil Rights and Employment Discrimination for Arizona on
Q: I live in AZ and I recently applied for a job.Do I have to disclose felonies that are past 20 years?

All the jobs that I have had I always said no on the application due to the age of my felonies. My felonies were from 1996, 1997, 2002 respectively.. I have never been denied employment. This recent employer denied me employment because on my application, like always, I put I do not have a felony..... View More

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answered on Aug 31, 2024

In Arizona, the law does not automatically exclude felonies from background checks after seven years. Employers may conduct background checks that include criminal history, and there is no statewide law restricting them from considering convictions that are older than seven years. However, some... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Legal Malpractice for Kentucky on
Q: What are the amendments for Kentucky law, Ky. Rev. Stat. § 2.110? What employees are forced to work?

Are there any type of worker that this law does not apply to? Can any specific business ignore this law?

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answered on Aug 31, 2024

Kentucky law, Ky. Rev. Stat. § 2.110, is related to Labor Day observance. According to this statute, Labor Day is recognized as a public holiday, and it prohibits any form of work on that day for employees unless it is essential to public necessity or welfare. Essentially, this means that most... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Offered job they asked for background before I did the background I went to them & explained they said we’re still hirin

I have a possession charge with wrong people wrong time but it was my car. I took them proof of 3 negative hair follicles and negative urine test from over the past year and they said that’s fine everyone deserves a second chance. I was giving a start date and time then they text me and said we... View More

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answered on Aug 31, 2024

It's really disappointing to go through something like this, especially after being open and honest about your situation. You did everything right by explaining your past, providing proof of your current status, and even getting their assurance that it wouldn’t be an issue.

When a...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: What is the proper form and procedure to file for contempt in the US District Court Mid. Dis of FL TPA Division?
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answered on Aug 31, 2024

To file for contempt in the U.S. District Court for the Middle District of Florida, Tampa Division, you begin by preparing a motion for contempt. This motion should detail the specific order that was violated, how the violation occurred, and the relief you are seeking. Attach any supporting... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Oklahoma on
Q: Sexual harassment, harassment, treatment, bullying, slandering me at work. I am Cherokee decent? can you help?
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answered on Aug 31, 2024

I'm sorry to hear that you're experiencing such difficult situations at work. Dealing with harassment, bullying, and slander can be incredibly challenging, especially when it feels like your identity or background is being targeted. You deserve to be treated with respect and dignity in... View More

Q: What are my legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions in my situat

Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my... View More

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answered on Aug 31, 2024

You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law on
Q: Can the police take my details when I work on a shop as my boss took his time bringing his paperwork for them to see

I work in a shop in Spain the guardia civil have came in once and asked if I sold tabacco I said no they then asked me to move away from the counter and they searched for tobacco then the local police came in yesterday and asked to see all the paperwork for the shop I had to call my boss to come he... View More

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answered on Aug 31, 2024

Yes, the police in Spain can request your identification and work-related documents if they are conducting an investigation or inspection in the shop where you work. When your boss is not present, you, as the worker on-site, might be asked to cooperate with the authorities, especially if they need... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Health Care Law for Maryland on
Q: I got H pylori in prison in 2016 now i’m released and on short term disability

Diagnosed in prison 2016

Wasn’t taken seriously or treated until 2020

Released in 2023

Late Summer 2024 it’s back and the levels are higher and now I’m on short term disability and cannot work. Am I able to seek legal action due to this?

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answered on Aug 31, 2024

You may have grounds to seek legal action based on the delay in treatment and the recurrence of H. pylori, especially if it has led to significant health issues and financial loss. The first step would be to assess whether there was negligence in your medical care during your time in prison and... View More

Q: Am I able to sue the NYCDOE for discrimination and distress after they bullied me into resigning my job last year?

In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More

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answered on Aug 31, 2024

It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More

1 Answer | Asked in Workers' Compensation, Constitutional Law and Employment Discrimination for Michigan on
Q: Can I be compensated if the supervisor sent me home because they thought I was hiding in the bathtoom

Hello I have been at this company for about a year now and today I was sent home because they thought I was in the bathroom hiding. We still have three hours of work, And a lot of material and product Too box up. I went to the bathroom and when I came out of the bathroom, they told me that I was... View More

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answered on Aug 31, 2024

You may have grounds to request compensation for the time you were sent home if it was unjustified. Since you were not hiding and were in the bathroom for only 20 minutes, you could argue that your dismissal was based on an incorrect assumption. It’s important to gather any evidence, such as... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I worked at dominos and was let go of for call offs and working at little Caesar’s. Is it illegal for doing other places
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answered on Aug 24, 2024

In California, employers generally have the right to terminate employees for any lawful reason, including attendance issues like call-offs. If your employer had a policy against working for competitors and you were aware of it, they might have grounds to terminate you for working at Little... View More

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