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I went to work on July 7 and I had a procedure done and went…

Customer Question
I went to work...

I went to work on July 7 and I had a procedure done and went and talk to supervisor and Upper management that was in charge they said I had to go home and could not find light duty for meSo needless to say I was devastated and went home and needed to bring a doctors note with me Monday that would’ve been the 10 th of July And missed three days of work did not go back till 12 July and had to bring the doctors note and everything were just yesterday they had this guy that Had a sore shoulder from my football injury and they gave him light duty and they’ve done this to other women is this right

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

And I’m not the only woman they’ve done this to they had another girl that got a car accident and was gone for five weeks but she sure could come back to work and then light duty but they wouldn’t let her she even asked I asked you to do anything I would’ve swept

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/7/2018
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,779
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Lawyer: Loren, Attorney replied 4 months ago

Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to race, religion, ethnicity, etc.?

3. Approximately how many employees are there at your workplace?

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Customer reply replied 4 months ago
I think there’s a lot of favoritism towards man.And about 1000 employees
Lawyer: Loren, Attorney replied 4 months ago

Thank you for the additional information. You may have a viable civil rights claim for gender discrimination under Title VII.

In order to establish a claim for gender discrimination. You need to establish a prima facie case.

The federal case of McDonnell v. Greene established the criteria necessary to establish a prima facie case of discrimination, which created a four-part test. The following criteria must be met:

  • Protected Class - You must be a member of a protected class defined by their race, gender, national origin, age or disability.
  • Qualified For The Position - You must be able to prove that you are qualified for their current position.
  • Adverse Employment Decision - Regardless of your qualifications for the position, you must prove that the employer actually took action against you, which had an adverse effect on your employment status. This might include being demoted, receiving a poor performance review, not receiving a raise or bonus, being transferred to an undesirable position or discharged altogether.
  • Similar Employees Treated More Favorably - here are actually two different ways to establish this fourth point. If the employee received disparate treatment or was replaced by an individual outside the protected class, both of these reasons can be offered as evidence. If employees in a similar position were treated more favorably, this may be proof that you were discriminated against.

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. If you are still working there your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

Did you have further questions? Have I answered your question? Please let me know.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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