Archive for the ‘Discrimination’ Category
March 6th, 2010
Agriculture is the backbone of our society. Without agricultural workers, no one would be able to eat. Unfortunately agricultural workers also face some of the harshest working conditions of any industry. They work longer hours, often for less pay, than people in nearly any other line of work. Even if their working conditions are less than ideal, however, they are entitled-like everyone-to work without facing discrimination.
Discrimination can affect anyone, but is most commonly faced by women and people from marginalized groups, such as religious and ethnic minorities. Discrimination because of personal characteristics unrelated to the line of work is illegal. When a worker faces unfair treatment because of their race, age, religion, gender, or other characteristics, legal action can be taken to put an end to the discrimination.
It is also illegal to discriminate against an employee by citizenship status. Setting aside other factors, simply being a foreign resident has no impact on a person’s ability to do a job. There are many citizens who are less capable and experienced than immigrants, and often not enough citizens to fill the demand. In short, what passport you hold doesn’t affect your ability to work.
Many of America’s agricultural workers are temporary migrants from Mexico. Since there are often not enough American citizens who are willing to do agricultural work, Mexican workers step in to fill the gap. Contrary to popular belief, most of them return to Mexico for most of the year. The arrangement benefits both sides: American agriculture receives work that would not otherwise get done, Mexican workers take better pay home to help their families.
If you or someone you love have faced discrimination in agricultural work, you are entitled to take legal action against discriminatory employers. Everyone, no matter what their background, is entitled to a discrimination-free workplace.
To learn how an experienced Texas employment attorney can help you, call the compassionate Texas employment lawyers of the Ross Law Group today.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Agricultural-Work-and-Discrimination&id=3878290
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March 4th, 2010
Job interviews are inherently stressful. When you’re trying to present a positive image of yourself as a worker, it can be difficult to know how to respond to your interviewer’s questions. Your interviewer is usually a stranger, and you may not know what questions to expect. As stressful as that is, sometimes interviewers ask questions that are uncomfortable or discriminatory. Even though it’s illegal to ask questions like those, many interviewees do not know what to do.
To ensure equality in the hiring process, labor laws make it illegal for employers to base their hiring decisions on factors unrelated to the applicant’s ability to do the job. The personal traits explicitly protected from discrimination by the law are known as “protected categories.” The list varies from state to state, but in general these include things like ethnic background, relationship status, and religion. They also apply equally for everyone from all groups.
If you are asked a question about your background during an interview, you are not obligated to answer. It may be difficult to politely decline to answer, fearing that it may seem rude to object, but even simply changing the subject can keep problems from arising. If your interviewer keeps returning to the point, however, you can politely tell them that their question is too personal.
The State of Texas takes anti-discrimination laws very seriously. Any employer that refuses to hire applicants because of protected attributes can be taken to court and face serious penalties for their unfair hiring practices. It is in the best interests of employers to avoid asking personal questions altogether, even as part of smalltalk. By avoiding those questions, interviewers can prevent problems from both sides.
If you believe you have been denied a job because of your religion, race, gender, or any other protected characteristic, you are entitled to take that employer to court. With the help of an experienced Texas employment lawyer, you can put an end to discrimination and seek compensation for your losses.
To discuss your case with a compassionate Houston employment lawyer, contact the lawyers of the Ross Law Group today to learn how they can help you.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?When-a-Job-Interview-Seems-Like-an-Interrogation&id=3864857
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March 3rd, 2010
We live in an age when everyone is itching to sue somebody for one silly thing or another. Our courts are filled with ridiculous claims that can not possibly ever fix everything for everyone. Even though you can not please all of the people all of the time, there are ways you can try to avoid a Religious Discrimination Lawsuit.
The way we speak gets us in so much trouble nowadays. People have not been taught to deal with name-calling. They whine and cry about how horrible the words make them feel. What went wrong? Why are we such great big spoiled brats? People can not even joke because they might suffer the wrath of the almighty court room!
It does not matter who you are or what type of upbringing you had, we all have prejudices. We do not like a certain food. We shall not like a certain place. We can not like a certain drink. That is simply the way we are. We are different. That is what makes our time here on earth so wonderful. We have so much diversity. So why ruin it with all our childish crying?
Why is it considered religious prejudice if you simply disagree with another person? Most of the lawsuits I have seen are nothing but, simple disagreements. Disagreeing can allow you to debate with each other in a calm, reasonable manner. But, why are we so touchy about the religion term? Do we not search for the truth? Are we that afraid of being told we may be wrong? Are we that afraid of the truth?
If you really want to keep from getting sued in court for orthodox discrimination, then never speak about it. If you are asked any questions about your beliefs only speak in general terms. Do not bring any pamphlets, detailing anything about your religion. This is also used by some as a means to allow them to bring a lawsuit against you.
Proselytizing is strictly forbidden in many schools and workplaces now. So in order to avoid prosecution, tell no one what your beliefs are. This is the way of our great civilization. You must be careful to follow the rules and regulations which are being presented and if you resist you may be in for the shock of your life.
Avoiding any religious discrimination lawsuit will be one of the most difficult things to refrain from. Because you will one day say or do something which will insult. It is only a matter of time.
Find Religious Discrimination Attorneys Near You And Learn How To Properly File Religious Discrimination Lawsuits Today!
Related Sites:
Equal Employment Opportunity Commission - Religious Discrmination
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February 16th, 2010
The Americans with Disabilities Act (ADA), passed in 1990, provides a number of protections for disabled persons who encounter barriers in life activities. There have been many legislative acts passed as the interpretation of the ADA has evolved in the years since 1990. The ADA remains the dominant definer of protective laws for persons with disabilities. The Disability Discrimination Lawsuit has similarly grown through interpretation.
The ADA guarantees equal opportunity and reasonable accommodation for disabled individuals with regard to housing, employment, transportation, education and a variety of government services. It parallels the Civil Rights Act of 1964, which provided similar protections for individuals who faced discrimination based on race, color, sex, national origin, age and religion.
Defining a qualified disability is often more difficult than defining an individual who is protected by the Civil Rights Act of 1964. Disabilities include mental and emotional conditions that often are not easily defined. These interpretations continue based on developing case law.
Causes of action for a disability discrimination lawsuit can include access to housing, education or employment. Monetary awards for long term disability or work injuries are often questioned in litigation. Existing policies and practices may or may not have been followed satisfactorily.
Wheelchair access is often the most visible problem with disabilities. Cities have been building accommodation ramps on public thoroughfares, such as curb ramps, and this process continues. Large companies and governments have made significant improvements in access using ramps and bathroom remodels, for example. Often a significant expense is needed to meet the ADA standards.
Small business owners, on the other hand suffer financially when, for example, they need to remodel a bathroom to ADA specifications in an older or small building. Some lawyers have found a profitable business in targeting these businesses for lawsuits. As a result, many small businesses have had to pay settlements, or in some cases the businesses have closed because they were unable to meet the expenses required for remodel or litigation. There are records of law firms filing hundreds of such claims to make money from the resulting settlements or judgments.
There are no easy answers when it comes to disability accommodation, and disability discrimination lawsuits have resulted in refinement and better observance of the ADA regulations. There are instances of these protections being abused and such lawsuits take up agency and court time that could be better spent on other cases. The best option is to find a reputable disability attorney who can help the individual decide on their options.
Find Disability Discrimination Attorneys Near You And Learn How To Properly File A Disability Discrimination Lawsuit Today!
February 15th, 2010
A racial discrimination lawsuit can be derived from a variety of reasons and circumstances. Discrimination can occur in the workplace, in the housing industry, in the job search market. If you can prove that you have in fact been a victim, a lawsuit may be easy to win or a mutual agreement or settlement can be arrived. However, in some situations it may be difficult to prove your case. Here are a few areas where discrimination commonly takes place.
It is very common for people to express discrimination in the workplace. Something as easy as frequent racial jokes that are offensive to someone taking place and not being addressed by the employer once reported can be deemed discrimination. This can lead to a justifiable lawsuit even if it was just meant for fun and the person telling the jokes meant no harm.
Other factors in the work area that has presented many problems for people are benefits related and wage related. In cases where people of racial origin are not receiving raises like others and the performance is great, this could be a sign of unfair treatment. These will lead to a Racial Discrimination Lawsuit and typically are easy to prove if the supporting evidence is documented.
People being treated unfairly due to their race can also happen when it is not work related. Sometimes you will hear of a racial discrimination lawsuit being filed against a particular club who prevented someone from joining. There are organizations that have been found liable for not accepting an interested party membership application or denying it without a worthy cause or justifiable reason.
Potential buyers or renters of homes, apartments or other real estate can become victims of racism. Owners of property and rental agents may deny your application because they feel you do not fit in or are not worthy to live in the geographical area. This is definitely against the law and is indeed discrimination against race.
For workplace situations after you have notified proper personnel and have not reached an understanding, the EEOC can assist you further to reach a settlement and avoid a racial discrimination lawsuit. They will conduct an investigation. It is a good idea to have reported any incidents first to allow the Human Resource personnel the opportunity to take action on your behalf.
To support your claim should you have to file one, to be more compelling, you have kept documentation on who you spoke with, what happened, and when for a successful outcome.
Find Racial Discrimination Attorneys Near You And Learn How To Properly File A Racial Discrimination Lawsuit Today!
February 12th, 2010
It doesn’t matter if you are hiring, being interviewed or already part of the workforce. The Pregnancy Discrimination Lawsuit is a topic that you have surely already heard of. It may be reassuring to know there are ways to bypass such lawsuits.
Going to court is not always the best solution for the parties involved. Oftentimes, all is needed is communication and a bit of common sense. For instance, if a pregnant woman is unable to do her job at some point during her pregnancy, she can be treated the same way as any other worker who is suffering a temporary handicap.
Consequently, a female worker is not penalized because of being pregnant, and she will be grateful to her employer for having taken a favorable attitude towards her condition. As we all know, a happy worker is a productive worker, thus promoting a healthy working environment for all.
In most cases, an employer doesn’t have to do much to accommodate his female employee. She may continue her normal work activities until the time comes to have her baby. Of course, this all depends on the employee’s work conditions and how it affects the pregnancy. Whichever the case, it is wise to talk about the employee’s condition and if it intervenes with her normal productivity.
In some cases, if a woman’s job is to do some heavy lifting, it may be best for the pregnant woman to take-on a less physically demanding job during the gestation period. It is usually not difficult to accommodate this type of demand in the workplace. There is always something to do that does not require heavy lifting. If not, perhaps she can be assisted in the heavy tasks. The important thing is to not put the pregnancy at risk.
Whatever the situation of an expectant mother, there is always a solution, as long as there is the will to accommodate. Some employers may also propose part-time work or an anticipated pregnancy leave. All these options are left up to the hiring party and its work policies regulated by law, but one must remember that employees also have their say in the matter.
The best way to avoid going through a pregnancy discrimination lawsuit is to always be open to dialogue. Of course, it doesn’t hurt to know your rights as an employee or employer. As a matter of fact, it is one’s duty as a citizen to always be kept informed of the latest developments where the law is concerned.
Find Pregnancy Discrimination Attorneys Near You And Learn How To Properly File A Pregnancy Discrimination Lawsuit Today!
WARNING: if you’re pregnant and your employer, at his/her own discretion, moves you to a different job for such reasons as “it will be less stressful”, “because they don’t want any lawsuits if you get hurt”, or “because it’s best for you and your baby” and they did this solely because you’re pregnant, that’s pregnancy discrimination and that’s illegal. No matter how well intentioned your employer may be, it’s still illegal because your employer has treated you differently due to your pregnancy. YOU may ask for accomodations, but you employer cannot take it upon himself to take any kind of action due to your pregnancy.
February 11th, 2010
With so many companies now preferring a younger, more recently qualified work force, many individuals are filing age discrimination lawsuits. This article is intended to equip you with the information you need about age discrimination and how to file an age discrimination lawsuit.
Most often age discrimination applies to older workers that are not treated the same way as younger people in the company. They do not experience equal rights in the work place. There is the odd occasion where younger people are discriminated against by older staff members or management.
One would ask the question why one is suddenly experiencing age discrimination in the workplace when age was no issue when the person was hired. The reason for this is that with transfers, new additions to the staff and other similar factors, the dynamics of the work force change and new members of the staff have more pull in the decisions that take place.
The ADEA this stands for The American Age Discrimination Employment Act. This enforces that all people should be assessed on their ability to do the work and not how old they are. Even with this act in place age discrimination exists.
Often because younger people have qualifications and the older people do not, the younger people are chosen. The fact that the older person may have 30 years of hands on experience is not taken into account. How a youngster with a degree is a better choice than experience never ceases to amaze me.
By 1967 age discrimination was in full swing in America and that is when the ADEA was born. This was to police and guarantee that there would not be age discrimination in the work place.
People who 40+ are even more protected as they cannot be paid less than anyone doing the same job. Their salaries may nor be cut. The perks and benefits must be the same as any other staff member.
No one can be made to retire early on the basis of their age. They can volunteer for early retirement only by their own choice.
In certain avocations age is an issue and certain age groups would not be employed. People who work for the fire department in non sedentary jobs, policemen and woman can also not exceed a certain age. This is only logical.
In the case where a younger person is obviously better for the job then the company must show that everyone above that age group would be unsuitable for the job.
Employees are entitled to file civil damages suites as well and this can add millions of dollars to the claim.
These are some, but not all of the considerations when researching how to file an age discrimination lawsuit.
Find Age Discrimination Attorneys Near You And Learn How To Properly File Age Discrimination Lawsuits Today!
February 10th, 2010
Following growing concern regarding barriers that disabled people find in the community, the Americans with Disabilities Act (ADA) was passed in 1990. Over time, ADA related lawsuits have built case law and precedents that help define this complicated piece of legislation. Individuals with disabilities are now protected by law in many categories and can file Disability Discrimination Lawsuits.
The ADA established the civil rights of disabled persons much as the Civil Rights Act of 1964 was intended to provide these protections against discrimination for persons based on race, color, sex, national origin, age and religion. The ADA guarantees equal opportunity for disabled individuals in housing, employment, education, transportation and government services.
Much work has been done on defining qualifying disabilities. These generally include genetic disabilities, injuries such as those incurred in time of war, and mental and emotional disabilities. Ongoing case law is constantly addressing what constitutes a qualified disability.
Disability lawsuits cover many causes of action. An individual may face multiple cases of discrimination, such as housing, education and employment. Another person may feel that an award they received for a long term work injury, or retirement disability is inadequate. In many cases, lawsuits are filed because the person does not feel that they have been protected adequately by policies and practices already in place.
The problem of wheelchair access, indoors and outdoors, has persisted since establishment of ADA statutes, often because of the cost of renovation of older buildings. A very visible and costly accommodation is the creation of curb access through cutting curbs at street corners and creating ramp access highlighted by yellow rubber mats. Major office buildings, restaurants, and retail stores have made construction accommodations to meet the ADA standards.
These accommodations are not so easy for small business owners who may be in older and smaller facilities requiring costly remodels. A new business has grown among lawyers who have found ways of using the disability statutes for personal gain at the unreasonable cost and expense of small business owners. Some small businesses have closed rather than face these lawsuits. Stories abound, such as a law firm that filed 100 such cases in Pennsylvania and New Jersey in a one year period. A law firm in Florida filed 700 such cases.
There are no easy answers when it comes to disability accommodation, and disability discrimination lawsuits have resulted in refinement and better observance of the ADA regulations. There are instances of these protections being abused and such lawsuits take up agency and court time that could be better spent on other cases. The best option is to find a reputable disability attorney who can help the individual decide on their options.
Find Age Discrimination Attorneys Near You And Learn How To Properly File Disabilty Discrimination Lawsuit Today!
February 8th, 2010
A racial discrimination lawsuit can be derived from a variety of reasons and circumstances. Discrimination can occur in the workplace, in the housing industry, in the job search market. If you can prove that you have in fact been a victim, a lawsuit may be easy to win or a mutual agreement or settlement can be arrived. However, in some situations it may be difficult to prove your case. Here are a few areas where discrimination commonly takes place.
At the top of the charts where discrimination most often takes place is at work. Employers have become aware of the different area that cause discrimination and are becoming proactive in their efforts to heighten awareness. Employees making harmless but offensive jokes or racial slurs can fall in this discrimination category if action is not taken by the employer once they are notified.
If a person of a particular racial descent has been continuously passed over for a raise and can demonstrate his work is just as good or even better, than the others who are getting raises, this can be a basis for a case. Being passed over for promotions when you were a top, worthy candidate has lead to a Racial Discrimination Lawsuits for many employers.
People being treated unfairly due to their race can also happen when it is not work related. Sometimes you will hear of a racial discrimination lawsuit being filed against a particular club who prevented someone from joining. There are organizations that have been found liable for not accepting an interested party membership application or denying it without a worthy cause or justifiable reason.
Another area the law scrutinizes is the real estate housing industry. This covers anyone of racial descent that is attempting to purchase, rent or lease property. In some cases a particular subdivision or owner offering a dwelling in a particular area of town they do not feel that you belong in may intentionally discriminate against applicants.
When you feel you have been discriminated against in the workplace, you have a means of filing charges against your employer with the EEOC who will conduct an investigation. In other areas, you can secure a private attorney who is knowledgeable and specializes in the area of a racial discrimination lawsuit.
Before filing any grievance or case you should have detailed notes that are leading to your actions. Without the proper documentation, you may be fighting a losing battle.
Find Racial Discrimination Attorneys Near You And Learn How To Properly File A Racial Discrimination Lawsuit Today!
January 16th, 2010
By Joseph Devine
Following the Civil Rights Movement of the 1950s and 60s, programs were put into place to provide recompense for social groups who were unfairly discriminated against in the past. The programs, formally known as affirmative action, predominantly focus on providing more opportunities for African Americans and women.
Intent and Execution
While the intent of affirmative action programs was to level the previously lopsided playing field of employment and education, many people argue that is has merely tilted the field to favor the other side. Execution of affirmative action programs has taken many forms, which vary depending on the institution.
Employment
When hiring, many employers strive to achieve a quota for persons of a particular race or gender. There are a number of systems in place which help employers to accomplish this. A common method of encouraging diversity is by means of a test. Potential employees are required to take a hiring exam, and, after the exams are scored, candidates of a certain race or gender receive additional points. After exams are compared, the highest scores are offered the job.
Universities
It was ruled illegal for universities to have numeric quotas for groups of people, so they had to adopt a different method for encouraging diversity. Texas, for example, created a law which allows the top 10% of a graduating class automatic admission into any public school. Because schools are still highly segregated, this enables many minorities entrance into universities that they would otherwise not have been admitted into if admissions were only merit based.
What Critics Say
While affirmative action programs were created with good intentions, they have garnered quite a bit of opposition. Critics often argue that affirmative action:
• Is a form of reverse racism that encourages prejudice
• Favors less qualified individuals because of their race or gender instead of merit
• Punishes current generations for injustices of the past
What Proponents Argue
Proponents of affirmative action typically argue that:
• Diversity is an end that is worth the means because it is more representative of the population
• Injustices of the past must be recompensed
• Affirmative action programs do not just target race, they also consider gender and class
Regardless of what side of the debate you fall on, it is important to be aware of both sides of the argument, and to understand the reasoning behind these programs.
For more information on discrimination in the workplace, contact the San Antonio employment lawyers of Melton & Kumler, LLP.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?The-Affirmative-Action-Debate&id=3571292
