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BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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What are the federal guidelines for suing an employer with

Resolved Question:

What are the federal guidelines for suing an employer with reference to how many employees they have?
Submitted: 8 years ago.
Category: Legal
Expert:  BizAttorney replied 8 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-What city and state do you live in?
-Can you clarify your question?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 8 years ago.
I live in Kansas City, MO and am thinking about persuing legal action against my former employer for discrimination. I have been told there is no legal action that can be persued since my employer employs less than 20 people.
Expert:  BizAttorney replied 8 years ago.
Your employer can still be liable for discrimination depending on what type of discrimination to which you are referring. Discrimination based on alienage, race and sex can still be used against an employer. Most other types of discriminations can not as the business has the excuse to say it was imperative to the business and most courts will back that. Companies with less than 20 people are held to a different standard, however they can still be liable for certain types of discrimination which I referenced to above.
Customer: replied 8 years ago.
What about pregnancy discrimination? I was still doing my job 100%
Expert:  BizAttorney replied 8 years ago.
No, FMLA doesn't apply to them, so that is something they could discriminate against and be ok.
Customer: replied 8 years ago.
But not concerning leave-I was fired and replaced by a man. I wasn't going to be recieving any leave.
Expert:  BizAttorney replied 8 years ago.
Unless you can show that they fired you just because of your sex and hired the man because he is a man, you wouldn't have a case against them. If you can show that, then you would have a case and should talk to an attorney there locally.
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