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Employee Discrimination Laws

For the general person, a lot of the legal questions that arise typically pertain to employee discrimination. They can range from employee discrimination articles, employee discrimination in the workplace, and the employee discrimination act. When faced with questions like these people may turn to Experts for insights and solutions for their problems. Listed below are five of the top employee discrimination questions that have been answered by the Experts.

What is Employment Discrimination?

When companies or the owner of a company unlawfully singles out one worker, rather than all the workers this is a form of employment discrimination. U.S. Equal Employment Opportunity Commission (EEOC) enforces this at the Federal level from the anti-discrimination laws and rules that involve employment.

If a female employee asks for time off from work but is not granted permission or a valid reason why, but the male employees get their time off granted, is this a form of employee discrimination?

In this case it seems like the individual’s are being mistreated wrongly because of their gender and could be a case based on employee gender discrimination. The individual’s can get in touch with the EEOC and file a claim of discrimination. The EEOC might file the party a file suit after they examine the situation.

Can someone be fired in the State of Pennsylvania for off duty smoking?

In the State of Pennsylvania they are an employment-at-will state. They permit to hiring and firing on all basis that an employer care to apply, other than assured explicitly defined criteria for instance verdicts built on gender, disability, and race. It is acceptable if a company wants to discriminate against smokers, and off-duty smokers. The company can test all workers for any company banned substance at the company’s will. However, the employees are not required to take the test, but if they refuse to take the test that’s also basis for being fired.

Is there a statute of limitation of employee discrimination case in the state of Illinois?

Title VII commands that a worker needs to file allege of discrimination with the EEOC before three hundred days; because in the state of Illinois and other states they have their own anti-discrimination laws that they pertain to. People need to be aware that if they file beneath Illinois law, that they should file there allege with the Illinois Department of Human Rights in Springfield or Chicago before a hundred and eighty days of the act of discrimination. Then file their claim in Supreme Court before ninety days of getting the right to sue letter. If the individual is filing for gender discrimination, they have to use Title VII or state law with these there are extremely small statute of limitations.

If an employee scored a low score on a performance test, and the employer is asking them to be retrained, is this grounds for a employee discrimination suit?

This does not seem to be a case for employee discrimination seeing how the individual has poor performance. It is not against the employment laws to ask an employee to be retrained or attend extra training due to poor performance. The individual could have a case if they were discriminated against for gender, age, disability, and race.

Employment discrimination is a very diverse topic. It can span one question after another that could lead to other employment topic questions. Some of those topics many times include: employee non discrimination act, employee discrimination rights and employee discrimination laws. Experts can help with any question fast and effectively that pertain to any type of employment law questions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Discrimination Questions

  • Question: I hired a new employee on Monday. She only made

    Question:
    I hired a new employee on Monday. She only made it to work 50% of the time in her first week, which was the only scheduled training for this position. The new employee has Lupus. She openly disclosed this in her interview but said it was manageable and would not impact her work performance. After hiring her she mentioned that she would need a modified work schedule to manage her dr. appointments and her sick days. She also said that she could not be around sick people because a cold to someone else means a hospital bed for her.
    As a very small company, only 4 people total including myself and the new employee, I am afraid that I don’t have the resources to support this employee.
    In regards ***** ***** modified work schedule and missing work due to illness, she said she would make up the time after hours or on weekends. However, I hired her for the position of Office Manager. I need this person in the office during work hours to properly do their job and support the other employees and our customers. Additionally, I clearly stated in the job posting that this person needed to be dependable.
    In regards ***** ***** needs to not be around sick people, I don’t think I can create that perfect environment. Due to our small size, we all come to work even if we have a cold. I can’t force my hourly employees to stay home while their cold lingers for days. They need the hours and pay, and I can’t afford to pay them when they are not working. Similarly, I can’t have her stay home if others are sick. Additionally, I have 3 young kids in school. Someone in my household is always sick!
    I already work 70 hours a week. When she is out of the office, I would be responsible for her job. I physically cannot do her job and mine.
    My question is this. Although it is a difficult decision, can I fire her? I realize NC is a “Right to Work State”, but I believe some forms of Lupus are protected under the ADA. I also understand that the ADA does not apply for small businesses with less than 15 employees. I also don’t think I am discriminating due to Lupus. I hired her knowing she had Lupus, yet I was under the impression that hers was manageable and would not impact her performance at work. However, her first week of work was drastically impacted and her attendance was only 50%. Future performance like this ill drastically impact my current employees and my small business and I don’t have the resources to make my office a safe environment for her. Any feedback you can give me is much appreciated.
  • Is prior warning necessary to fire an employee for cause, if the employee refused by email

    Is prior warning necessary to fire an employee for cause, if the employee refused by email and conversations to return overpayments of income made in error to her? The UC officer says that a warning was needed and did not occur.
  • I have filed employment discrimination case against my

    I have filed employment discrimination case against my employer Ca Dept. Of Water Resources. I Amended and served he complaint to Defendant. The Defendant filed a Demurrer on claiming uncertainty, Statute of limitation etc. I responded to Demurrer. The
    day before the hearing the Court ruled as follow: Defendant Dept. of Water Resources' Demurrer to self- represented Plaintiff's original Complaint DROPPED. Plaintiff filed aFirst Amended Complaint on Sept. 2, 2014as amatter of right. As the demurrer addresses
    a superseded pleading the demurrer is moot. Defendant shall file and serve its responsive pleading to the First amended Complaint not latter than Monday,November 2014. The minute order is effective immediately. No formal order nor further notice is required,
    the tentative ruling providing sufficient notice. Q: The defendant has again filed ( exact same as previous one )Demurrer and served me (Plaintiff). It is Not a responsive pleading as the court has ordered. If I do not receive the responsive pleading by Monday
    11-24-2014, Can I get Default judgement?? Thanks Rajendra XXXXXX
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