“Does what happened to me sound like a Disability Discrimination and Retaliation claim under federal law?”

Sklover Working Wisdom

I filed a complaint with the federal Equal Employment Opportunity Commission (“EEOC”) about violations of the Americans with Disabilities Act (“ADA”), which is currently being investigated. For these reasons, you seem to have a strong case of illegal retaliation, but I cannot opine on the strength of your case of illegal discrimination. Discrimination, Harassment & Hostility Q & A Speaking Out and Retaliation

“How to File a Federal Lawsuit without an Attorney”

Sklover Working Wisdom

I filed a Charge of Discrimination with the Federal Equal Employment Opportunity Commission (“EEOC”) against my employer because I was being bullied by my boss, along with being treated differently from other co-workers in my department on several levels. . I received from the EEOC a “Right to Sue Letter” a month and a half ago, and my time is running out to file my Federal discrimination lawsuit. Question: Hi, Alan.

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Job Seekers Face Rampant Discrimination

Careers Done Write

While racial discrimination lawsuits are still the number one type of case seen by the U.S. Equal Employment Opportunity Commission (EEOC), other types of discrimination are on the rise. The Age Discrimination Employment Act of 1967 (ADEA), protects individuals who are 40+ years of age.

“Pregnancy: Rights under Disability, FMLA and Discrimination laws.”

Sklover Working Wisdom

Disability: Under federal laws and those of most states, you have a right to a “reasonable accommodation” to a disability, and that includes pregnancy. From what you have described, it sure looks like your employer has refused your request for a reduced workweek for your pregnancy/disability, in violation of federal law and the laws of most states. The Family Medical Leave Act, or “FMLA,” is a federal law that provides you with time off, without pay, to address a medical problem.

This New Bill Could Make It Easier To Prove Age Discrimination At Work

Career Realism

An era where it's easier for workers to prove age discrimination on the job may be closer than you think. A bill called the Protecting Older Workers Against Discrimination Act (POWADA) was introduced back in February 2017. What Exactly Does This Bill Do About Age Discrimination?

Oh Baby: The Supreme Court Looks at the Pregnancy Discrimination Act


Rather than acquiesce, Young filed a lawsuit under the Pregnancy Discrimination Act, alleging that UPS failed to treat her the way it treated other employees. So what’s next for the supreme court and the Pregnancy Discrimination Act? Last week the U.S.

“Is My Employment Discrimination Case Strong? – Here’s How to Tell”

Sklover Working Wisdom

ACTUAL “CASE HISTORIES ” : One of the questions most frequently asked of employment lawyers – and of this blog – is this: “Do I have a strong employment discrimination case?” Do you need a lawyer to decide if your employment discrimination case is strong or weak? You can, with the right tools, determine whether you have a strong discrimination case. LESSON TO LEARN : Employment discrimination cases are quite common in our society, and seemingly more common as time goes by.

Illegal Workplace Discrimination? Here’s How to Tell

Sklover Working Wisdom

Discrimination is a disease.” . . Other questions, and other answers, soon followed, many of which indicated to us that what was happening to Janine may well have been derived from illegal age discrimination. You may note that we did not ask Janine the age of the new Museum Director, because anyone can discriminate against anyone, regardless of their own age, gender, race, etc.). So, how do you know if you have been a victim of illegal discrimination?

Illegal Workplace Discrimination? Here’s How to Tell

Sklover Working Wisdom

Discrimination is a disease.” . . Other questions, and other answers, soon followed, many of which indicated to us that what was happening to Janine may well have been derived from illegal age discrimination. You may note that we did not ask Janine the age of the new Museum Director, because anyone can discriminate against anyone, regardless of their own age, gender, race, etc.). So, how do you know if you have been a victim of illegal discrimination?

“Does this sound like I have a case of discrimination?”

Sklover Working Wisdom

from what you have told me, it would seem you have a good case of illegal retaliation in response to your complaint of race discrimination, under both state and federal laws. I am not sure you have a case for race discrimination, which is different than retaliation. Let me share with you my thinking: First, illegal discrimination and illegal retaliation for objecting to discrimination, are two separate (though related) violations of law.

“If the EEOC is investigating a discrimination claim, can the employer question the employee at the same time?”

Sklover Working Wisdom

Equal Employment Opportunity Commission (or “EEOC”) alleging age discrimination against her employer. There are many, many different government agencies that oversee and regulate different aspects of the employment relation, including state, federal and local agencies that regulate, among other things, (a) workplace safety, (b) overtime and minimum wage issues, (c) claims of discrimination, (d) rights to unionize, and (e) whistleblower complaints. .

Discrimination, Contracts, & Compliance, Oh My! #ELBC is Here!


Discrimination in the workplace, contract law, and keeping compliant are the choice topics for legal bloggers during this time of year. Discrimination. The purple nurple was a topic of conversation in a federal appellate court earlier this month with a man’s alleged behavior in a nipple twist in the workplace. In other news technology is making discrimination easier ! That’s a big no no when it comes to dealing with discrimination in the workplace.

No, The Court Did Not Rule that Discrimination Against Women Is Legal

Evil HR Lady

“Employers can legally pay women less than men for the same work based on differences in the workers’ previous salaries, a federal appeals court ruled Thursday,” says the Associated Press. Oh dear, everyone is in a tizzy about the recent 9th Circuit Court of appeals decision and everyone is jumping to the conclusion that fits the narrative that women are always the victims of discrimination.

2017 122

Dodging the Age (And Any Other Discrimination) Bullet in a Job Search

Jennifer Anthony

I never received anything from you… sorry…&# This kind of discrimination is difficult to prove indeed.

2010 141

Part One: CA Discrimination Law and Web-Based Recruiting Practices #hrbasics


Mary Wright explains the HR pitfalls in the relationship between California discrimination law and web-based recruiting practices. Part one discusses discrimination laws in California. . The 2 Types of Discrimination.

CA 127

“How can I get more time to file a discrimination lawsuit?”

Sklover Working Wisdom

Question: Last year I named my boss’s boss in a discrimination complaint that I filed with the Equal Employment Opportunity Commission, or “EEOC.” While it is common for people who start lawsuits – called “plaintiffs” – to request more time to file their legal papers, the way the federal discrimination laws read has been interpreted by most courts as not to allow any extensions of time in this situation.

“Does this sound like a legal case of ‘perceived disability’ discrimination?”

Sklover Working Wisdom

Under federal, New York State and New York City law, employers are forbidden from firing people because they are disabled, or appear to be disabled, and are required to provide them with “reasonable accommodations” to enable them to continue in their jobs. For these reasons, you seem to have a reasonable case of disability discrimination based on what the law calls “perceived disability.”. We offer a Model Letter to file a Complaint about Discrimination.

2010 100

Age Discrimination Isn't About Age

Blue Sky Resumes

Twitter Facebook LinkedIn RSS Age Discrimination Isn’t About Age 04 / 07 / 09 Written by Louise Fletcher Comments 4 Tweet it! The good news is that age discrimination isn’t about age. But this assumes employers are even aware they are discriminating.

2009 53

You’re An Idiot If You Discriminate Because Someone is Gay


Congress is currently considering the Employment Non-Discrimination Act (ENDA), which would prevent employers from discrimination based on sexual orientation or gender identity. And, to date, no federal district court judge has found a state’s law prohibiting same-sex marriage constitutional. Until ENDA, or something similar, passes there isn’t a federal law prohibiting discrimination against an employee based on sexual orientation or gender identity.

2014 95

“Is a 17-year-old protected by the age discrimination laws, or a.

Sklover Working Wisdom

Blog » “Is a 17-year-old protected by the age discrimination laws, or a company’s age-related policies?” “Is Is a 17-year-old protected by the age discrimination laws, or a company’s age-related policies?” I am unsure if that is illegal discrimination.

2010 141

“How do I respond to retaliation for filing a complaint of unlawful discrimination?”

Sklover Working Wisdom

This followed my reporting one of my supervisors’ illegal discrimination, for which the company “pulled her aside,” but didn’t seem to really investigate what happened, or punish her in any way. Answer: Dear Eric, From the sounds of it, you may have been retaliated against for your complaints of discrimination. It is illegal to retaliate against someone for reporting, or complaining about, illegal discrimination.

2011 116

“How do I pick a good employment attorney to represent me?”

Sklover Working Wisdom

Published on July 8th, 2010 by Alan Sklover Question: I have filed a claim of discrimination with the federal Equal Employment Opportunity Commission (“EEOC”). My case has merit, but if it is not presented appropriately the company will get away with shameless discrimination again.

2010 151

Understanding Employment Discrimination Basics | Boomers Next Step

Boomers Next Step

Which laws prohibit discrimination? Numerous federal dictates prohibit discrimination. Almost all of these laws protect employees working for federal or local governmental agencies, private employers, labor organizations, and such others. Does your case fall within discrimination ? Various activities are within discrimination – be it hiring or firing, promotion or demotion, or any such others.

Alleged Pay Discrimination at Google Makes Marc Benioff and Salesforce Look Amazing.

HR Capitalist

In their efforts to bring wage equality to Silicon Valley, government officials have accused one of the tech industry's anchor firms of large-scale gender discrimination. As part of an ongoing lawsuit , the DOL alleged that the company, a frequent recipient of federal contracts, has violated federal law by discriminating against female employees in the salary department.

2017 46

Consistent With Your Gender Identity: Dept of Labour Rule on Bathroom Use


The rule, which governs employer obligations for those who have federal contracts of $10,000 or more over a 12-month period, goes into effect 60 days from its announcement on June 14. Hearteningly, the rule is very specific when it comes prohibiting discrimination against transgender people.

2016 82

a round-up: obesity, sex discrimination, and overtime pay

Ask A Manager

Back in July of last year, the EEOC determined that discrimination on the basis of sexual orientation is illegal because it’s inherently discrimination because of sex. Last month, it announced that it has filed its first two discrimination cases based on sexual orientation. • So, the federal government has proposed a major change to the rules that govern who must be paid overtime.

2016 46

Unemployment Discrimination: Monster.com Has It Right, People (Job Boards are PLATFORMS).

HR Capitalist

Morons use Monster.com as well, but that doesn't mean that Monster should bow to pressure like the following outlined over at the Huffington Post : "For the past several months one labor advocacy group has continuously hammered companies that list job postings discriminating against the jobless.

2011 77

Illinois AG Sends Age Discrimination Letters to Job Boards, Protects Rights of 81 Year Olds To Apply For Jobs They Don't Want.

HR Capitalist

But no, we get a PR release to take a shot at Job Boards, because, you know - the AG really gets the intersection of job boards and age discrimination. Your understanding of age discrimination is stellar. .

Top Questions You Should Not Be Asked

Professional Resume Services

Federal and state anti-discrimination laws are designed to get you hired based on your skills, not a stereotype. ” Of course, if they push it, you could go there if it’s clear you are dealing with discrimination. In an interview, it’s all about the questions.

2014 176

“If placed on a Performance Improvement Plan, should I disclose my Attention Deficit Disorder?”

Sklover Working Wisdom

Especially with disabilities that are not easily discernible, as with ADHD, color-blindness, and those without a sense of smell, an employee has no right to either (a) protection from disability discrimination, or (b) an accommodation to the disability, unless and until the employer is put on notice of the disability. . Without knowledge of your diagnosed ADHD, your new boss may be unknowingly discriminating against you.

2011 152

“Directed by my employer to discriminate; what can I do?”

Sklover Working Wisdom

I have reached my limit in having to discriminate against people of color, and older people, and now pregnant applicants. Already two employees are suing the company for their outright discrimination. I have been working in temp staffing agencies for a long time, and this is by far the top one when it comes to discrimination. Tired of Discrimination. Consider filing a formal complaint with the state and federal employment rights agencies in your city.

Military? – Special Civilian Job Rights are Yours

Sklover Working Wisdom

federal law that you should know about. How does USERRA address discrimination by an employer or prospective employer? USERRA prohibits employment discrimination against those who give or may give uniformed service in two basic ways: a. In a lawsuit claiming USERRA discrimination or retaliation filed by an employee, does the employee or the employer have the burden of proof? “ For those who have fought for it, life has a flavor the protected will never know.”.

Quid Pro Quo – Key Words & Phrases

Sklover Working Wisdom

the Foreign Corrupt Practices Act of 1977 makes it a serious federal crime to offer a bribe to officials of other countries. By Your Boss Discrimination, Harassment & Hostility Harassment Key Words & Phrases Misconduct and Bad BehaviorWhat is the meaning of: “ quid pro quo ” ?

2015 151

“How can I get some needed relief from FMLA-retaliation?”

Sklover Working Wisdom

I am presently out on an approved federal Family and Medical Leave Act (“FMLA”) leave of absence for the permitted 12 weeks. Send your FMLA Complaint to both of these two places, by Federal Express, UPS Overnight Service, or U.S. Discrimination, Harassment & Hostility M.

2010 141

“What can I do if I was put on a Performance Improvement Plan in.

Sklover Working Wisdom

I used the federal Family and Medical Leave Act (“FMLA”) and stayed at home with my daughter for 12 weeks. When I returned I was assigned to a very different position, and because of that I filed a Complaint with the federal Department of Labor (“DOL”), which handles FMLA violations.

2010 141

Career News: Dreadlocks, The Racial Pay Gap, and Why Would Your Job Search Self-Destruct?

Competitive Resumes

The Federal U.S. Federal Courts signing off on discrimination of candidates with dreadlocks. Diversity and Inclusion Employment Job Search discriminationFirst things first, I always find things that shouldn’t obstruct the job search.

2016 130

Did You Know That. ?

Sklover Working Wisdom

Published on August 28th, 2010 by Alan Sklover Under the Federal Family Medical Leave Act (“FMLA”), while most people are entitled to take a leave of absence for up to 12 weeks care for themselves or a family member who is ill, a spouse, child, parent or next of kin of a member of the U.S.

2010 141

Human Resources. Employee Relations. What’s the Difference?

Sklover Working Wisdom

And, too, these would likely also include claims of discrimination, harassment, bullying and the like. By a “case,” I mean a claim of harassment, discrimination, retaliation, bullying, assault, whistleblowing and the like. About Human Resources Attorneys and Recruiters Discrimination, Harassment & Hostility General Problems with Attorneys Q & AQuestion: Recently, a female colleague reported to my Department Head that she felt she was being harassed.

2019 100

US Bill Would Make Employer Requests for Facebook Access Illegal


For those that do when it comes to social networks, I call this social media discrimination. Last week, Representative, Elliot Engel introduced a federal bill called the Social Networking Online Protection Act. Protecting Employee Facebook & Social Network Privacy.

“During an EEOC investigation, can my employer interrogate me?”

Sklover Working Wisdom

This is my question: I filed a claim of age discrimination with the federal Equal Employment Opportunity Commission (“EEOC”) against my employer. If the employer finds that, for example, an employee has been discriminated against, then the employer might take action on its own to remedy the situation. However, an employer cannot legally pressure an employee to withdraw his or her complaint of discrimination filed with the EEOC.

2014 116

Risk Factors & Considerations for Mobile Recruiting & HR Technology


IDENTIFYING RISK FACTORS AND SOCIAL MEDIA DISCRIMINATION. Another risk is the potential for discrimination in using social media for employment processes. This is Part 4 of a series on Workplace Trends in Mobile and Technology for the Human Resources Industry. Check out Part 1 here.

Age Discrimination During Job Search | Tim's Strategy

Tim's Strategy

Blog Free Downloads Sponsor Resources FAQ [05.25.10] View Comments If You Discriminate, I Am 44 You will never put this on top of your resume. The point being that a company or hiring manager that discriminates based on age will eventually learn that you are not 32.

2010 101

“How can I get an extension to file a lawsuit on my own?”

Sklover Working Wisdom

In Canada, statutes of limitation are established by both the federal and the provincial governments. . after the Equal Employment Opportunity Commission permits a person to sue for discrimination in Federal Court, that person has just ninety days to do so, and the Courts have said that parties to the lawsuit have no ability to extend that deadline, even if they wish to or have agreed to. . Question: Alan, I have a legal claim and would like to file a lawsuit.

2013 109