In our modern climate, its important that everyone, but especially our employers, treat all employees fairly. If you've been the victim of discrimination based on age, race, gender-identity, sex, religion, harassment or any other reason protected under the Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Age Discrimination in or Employment Act of 1967 The Civil Rights Act of 1991, contact Bernard today.
THE BELOW INFORMATION IS NOT LEGAL ADVICE. PLEASE CONSULT AN ACTUAL LAWYER FOR ADVICE ON YOUR INDIVIDUAL SITUATION.
Employment discrimination based on race, color, sex, disability, unequal pay, harassment, age, national origin, religion, pregnancy, genetic information & retaliation is illegal.
Discrimination based on race, color, sex, disability, unequal pay, harassment, age, national origin, religion, pregnancy, genetic information & retaliation are illegal.
But certain requirements exist:
If you filed your charge under Title VII (discrimination based on race, color, religion, sex and national origin), or under the Americans with Disabilities Act (ADA & ADAA) based on disability, you must have a Notice of Right To Sue from EEOC before you can file a lawsuit in federal court. Generally, you must allow EEOC 180 days to resolve your charge. Although, in some cases, EEOC may agree to issue a Notice of Right To Sue before the 180 days. You may request a Notice of Right To Sue by contacting the EEOC office handling your charge. You should submit the request in writing.
If you filed your charge under the Age Discrimination in Employment Act (discrimination based on age 40 and above), you do not need a Notice of Right to Sue from EEOC. You may file a lawsuit in federal court 60 days after your charge was filed with EEOC.
If you filed your charge under the Equal Pay Act (wage discrimination based on sex), you do not need a Notice of Right To Sue from EEOC. You may file a lawsuit in federal court within two years from the day you received the last discriminatory paycheck.
Hiring an attorney to pursue any of these claims is recommended, as detailed EEOC procedures must be followed and failure to bring a claim properly may cause it to be dismissed. If not dismissed, your claim will be mediated or investigated, in either event, an attorney will assist you in clearly and properly stating the elements (showing that the employers actions met the severe or pervasive standard, follow the McDonnell-Douglas Burden-Shifting standard, meet the requirements of similarly situated comparators...) of your claim for the mediator’s or, alternatively, for the EEOC Investigator’s benefit.
The Investigator will interview you, an attorney will prepare you so you know what to expect, how to focus your answers on the most legally important facts. Whether mediation or investigation, this is an adversarial process, and the employer will have someone who specializes in fighting EEO claims presenting their side and trying to make your complaint look as weak as possible. They will try to convince the Mediator or Investigator that either nothing really happened, or they were right to do what they did, or even that it was your own fault, and/or any other excuse. You will need an attorney that will work with you to rebut this and show the Mediator or Investigator that the Employer is wrong, If the former to obtain a good settlement, if the latter, so that the EEOC will issue a finding of discrimination. Or you may request a Notice of Right To Sue by contacting the EEOC office handling your charge in writing.
Under Title VII (discrimination based on race, color, religion, sex and national origin), or under the Americans with Disabilities Act (ADA & ADAA) based on disability, you must have a Notice of Right To Sue from EEOC before you can file a lawsuit in federal court. Generally, you must allow EEOC 180 days to resolve your charge. If you filed your charge under the Age Discrimination in Employment Act (ADEA, discrimination based on age 40 and above), you do not need a Notice of Right to Sue from EEOC. You may file a lawsuit in federal court 60 days after your charge was filed with EEOC. If you filed your charge under the Equal Pay Act (wage discrimination based on sex), you do not need a Notice of Right To Sue from EEOC. You must file a lawsuit in federal court within two years from the day you received the last discriminatory paycheck.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant, unfavorably because he has a disability. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). An employer doesn't have to provide an accommodation if doing so would cause undue hardship to the employer. Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Harassment can include, for example, offensive remarks about a person's disability. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted) and when combined with adverse acts, can show intent.
A person can show that he or she has a disability in one of three ways:
An employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.
After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam.
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee's request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition. The law also requires that employers keep all medical records and information confidential and in separate medical files.
Thanks to the recent amendments made to the ADA, otherwise known as the ADAA, disabled employee’s rights have substantially grown and these claims sometimes overlap with workman’s compensation claims where the disability was caused or aggravated by the employment. Also while the ADA & ADAA don’t require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may well require that an employer do so. An employment attorney can assist you in finding a remedy for your situation under these various statutes.
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3009 Lime Street, Ste A Metairie, LA 70006
Phone:
(504) 888-1817 (Cellphone)
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Friday: By Appointment Only
Saturday-Sunday: Closed
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