Free Consultation

 

 

 

Free Consultations

 

Discrimination/Americans With Disabilities Act (Ada)

Q. What protection do employees have against being fired from there employer due to their age?

A. The federal Age Discrimination in Employment Act (ADEA) provides that workers past the age of 40 cannot be discriminated against because of age in any employment decision. As Well as, a worker cannot be laid-off or forced to retire because of age; there must be a good  reason not related to age. If a disproportionate number of older employees are laid off in a ?downsizing?, you may have a claim under the ADEA.

Q. Are all types of employments protected by the ADEA?

A. Only companies that employ more than 20 employees are covered under the law. Also disqualified from the law are certain executives who are forced to retire at age 65 with large pensions. Many states have laws against age discrimination that are broader than the ADEA, and offer protection against employers who have less than 20 employees.

Q. What can I do if I think  that I have been the victim of age discrimination?

A. You can make a complaint with the Equal Employment Opportunity Commission(EEOC). If the EEOC does not resolve your dispute, EEOC will give you a right to sue letter, which allows you to file a lawsuit in either federal or state court.

Q. How do I contact the EEOC?

A. You can reach the EEOC at 1-800-669-3362.

Q. What is sexual harassment?

A. Sexual harassment may include unwelcome sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature that affects a persons employment or interferes with their work. Sexual harassment can affect both sexes.

Q. What is the Americans with Disabilities Act?

A. The Americans with Disabilities Act (ADA) protects disabled workers from discrimination in the workplace, public and private transportation and public accommodation. If a worker can perform a particular job with reasonable accommodation such as wheelchair access or customized workspace, the employer must make such alterations. All new structures must be built with access for disabled people in mind. Existing structures must be altered to accommodate the disabled if such alteration is ?readily achievable? unless it would cause an undue problems.

Q. What is a disabled worker?

A. A person with a physical or mental impairment that substantially limits a major life activity is a ?disabled worker?. The law also covers conditions such as obesity.

Q. What kinds of conduct are prohibited by the ADA?

A. Employers are prohibited from discriminating against workers who suffer from a physical or mental disability; a job applicant cannot be asked questions about past or present medical conditions; the worksite cannot contain substantial barriers that restrict the movement of people with physical impairments.

Q. What kinds of employment are covered by the ADA?

A. The ADA covers companies with 15 or more employees.

Q. What do I do if I feel that I have been the victim of an ADA violation?

A. The ADA is enforced by the Equal Employment Opportunities Commission (EEOC). To start an investigation of your claim, file a complaint at the local EEOC office. You can call 1-800-669-3362 to find the EEOC office nearest you.

Q. What other types of discrimination are protected under federal and state laws?

A. The ADA may protect workers who are HIV infected; public employees must be given a right to respond to charges against them and have a hearing before they are discharged; federal agents may be sued after an illegal search or arrest; the refusal of a property owner to sell his property to a purchaser because of race, creed or color may be prohibited under the federal ?open housing? statute; service may not be refused in most facilities open to the public based on race, color or creed; private clubs may be prohibited from barring entry or membership based on sex; schools cannot be segregated, nor may the faculty or administration of public schools; religious views cannot enter into employment decisions and religious practices must be reasonably accommodated; employees may not receive lesser wages based on sex.

Q. What protection do I have against being fired from my employment due to my age?

A. The federal Age Discrimination in Employment Act (ADEA) provides that workers over the age of 40 cannot be discriminated against because of age in any employment decision. Likewise, a worker cannot be laid-off or forced to retire solely because of age. If a disproportionate number of older employees are laid off in a ?downsizing?, the discharged employees may have a claim under the ADEA.

Q. Are all employments protected by the ADEA?

A. Only companies that employ more than 20 employees are covered under the law. Also excluded from the law are certain executives who are forced to retire at age 65 with large pensions. Many states have laws against age discrimination that are broader than the ADEA, and offer protection against employers who have less than 20 employees.

Q. What can I do if I feel that I have been the victim of age or employment discrimination?

A. You can file a complaint with the federal Equal Employment Opportunity Commission (EEOC). If the EEOC does not resolve your dispute, EEOC will give you a ?right to sue? letter, which allows you to file a lawsuit in either federal or state court.

Q. How do I contact the EEOC?

A. You can reach the EEOC at 1-800-669-3362.

Q. What is sexual harassment?

A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects a persons employment or interferes with their work. Sexual harassment can affect both sexes.

Q. What should I do if I feel that I am the victim of sexual harassment?

A. It is your responsibility to inform the harasser that the conduct must stop and follow your employers internal procedures for complaints. Document your complaint by sending a letter to the offending party to stop the offensive conduct, and send a copy to his/her supervisor. If you intend to pursue a lawsuit either early on or later, if you receive no satisfaction, you must file a complaint with EEOC as well as a similar complaint under state procedures. Since you will need a lawyer to pursue the claim, it is suggested that you consult with an attorney experienced in discrimination matters early in the proceeding.

Q. What is the Americans with Disabilities Act?

A. The Americans with Disabilities Act (ADA) protects disabled workers from discrimination in the workplace, public and private transportation and public accommodation. If a worker is otherwise qualified to perform a particular job with reasonable accommodation such as wheelchair access or customized workspace, the employer must make such alterations. All new structures must be built with access by disabled people in mind. Existing structures must be altered to accommodate the disabled if such alteration is ?readily achievable? unless it would cause an undue hardship.

Q. What is a disabled worker?

A. A person with a physical or mental impairment that drastically limits a major life activity is a disabled worker. The law also covers conditions such as obesity.

Q. What kinds of employment are covered by the ADA?

A. The ADA covers companies with 15 or more employees

 

 

Hiring A Lawyer | Common Q & A | Consultations | The Process | Legal Terms| Privacy Statement | Contact Us | Home