Discrimination

Age Discrimination AttorneyAge Discrimination

Courts often look to circumstantial evidence to find age discrimination by looking at all the facts involved and comparing what happened to you with what happened to younger workers. Often employers blame non-age related factors such as corporate downsizing, reductions in the workforce, or reorganization for the illegal actions. However, you may recognize age discrimination when your employer takes adverse employment action because of your age while similarly situated, but younger, employees were treated differently and more favorably. The state and federal age discrimination statutes generally protect employees who are 40 years of age or older from discrimination with respect to hiring, firing, promotion, layoff, compensation, benefits, job assignments and training. The law also protects you from retaliation…

Disability Discrimination AttorneyDisability Discrimination

The federal Americans with Disabilities Act of 1990 (ADA), employers are prohibited from firing, refusing to hire or rehire, or otherwise discriminating against qualified handicapped employees because of disability. Having documentation of such an impairment could refer, for example, to a person with a history of mental illness, or someone who has cancer that is in remission. An employee who is perceived and treated as though he or she has a substantially limiting disability, even if that perception is inaccurate, is also protected under the ADA. This may include, for example, an individual with disfiguring scars who is fully qualified and capable of performing a job…

National Origin Discrimination AttorneyNational Origin Discrimination

National Origin Discrimination is different than race discrimination. It happens when an employer discriminates because of where someone was born. Obviously, race discrimination and national origin discrimination can often go hand-in-hand. The Immigration Reform and Control Act, (IRCA) prohibits employment discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. A “U.S. citizens only” policy in hiring is illegal. An employer may require U.S. citizenship for a particular job only if it is required by federal, state, or local law, or by government contract. An employer may not discriminate against an individual because he or she has an accent or particular manner of speaking. Similarly, an “English Only” rule in the workplace may be deemed discriminatory. Employers may not harass an employee on the basis of national…

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