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How do I know if an action is discriminatory in violation of the law?

Monday, July 4th, 2011

First, not all discriminatory actions are forbidden by law. The law only prohibits discrimination when it is based on a person’s protected status–race, color, religion, national origin, sex, age or disability under federal law.

Thus, if an employer makes a decision because of an employee’s race, that employer has engaged in prohibited discrimination. Paying a worker lower wages than other employees because that worker is an African-American black violates Title VII. But paying a worker lower wages than other employees because that worker is performing different kinds of job duties does not violate Title VII. The question is whether the reason for the difference in treatment is based on the employee’s protected status. Different treatment based on protected status is called intentional discrimination or disparate treatment.

Title VII also prohibits conduct that has the effect of discriminating against individuals in a protected class even if the employer’s reason for the different treatment is not based on protected class. For example, an employer may decide to hire only applicants who do not have custody of preschool age children. On its face the reason for the employer’s hiring decision is not a protected class reason. However, the effect of this policy is to disproportionately screen out women applicants as compared to male applicants because more women are custodial parents. This policy, therefore, would have a discriminatory effect, also called adverse impact. Adverse impact discrimination is also forbidden by Title VII unless the employer can prove that the policy is required by business necessity and is significantly related to the requirements of the job.

The ADA defines discrimination not only in terms of disparate treatment and adverse impact but also in terms of a refusal to provide reasonable accommodation to an otherwise qualified individual with a disability.

Discrimination Lawyer

Wednesday, May 18th, 2011

Discrimination is something that although we didn’t hear much about years ago is very prevalent today, resulting in many cases of discrimination. Although there are many different types of discrimination, there are also many laws designed to protect people that have been discriminated against for one reason or another. Discrimination lawyers have the goal to help enforce the many discrimination laws and protect the individuals that have been victims of discrimination.

Although there are many different discrimination laws enacted to protect the public and individuals in general against discrimination, there are an equal number of people being discriminated against, resulting in the need of a good discrimination lawyer. Discrimination can seriously affect an individual and have an impact on their ability to gain employment, get a home, own a business, receive certain medical services, government services, voting rights and even a good education. Today anything that is considered as an intentional unfair or unlawful treatment against an individual because of their sex, age, handicap or disability, national origin or ethnicity or any other attributes is deemed to be discrimination.

If you suspect you have been a victim of any kind of discrimination, you are in need of a qualified discrimination lawyer. A discrimination lawyer can not only prove that there has been a clear-cut case of discrimination against you but can also have it determined in court, resulting in some sort of restitution. Discrimination lawyers will help to keep the discrimination laws enforced as well as protect the individuals that have been wronged by discrimination.

Many times, discrimination appears to be evident to the individual and all those involved with the individual, but may be very hard to prove. However, a good discrimination lawyer will be able to help you prove and win your case. Today there are many new cases of discrimination involving pregnancy discrimination, gender discrimination, religious discrimination, age discrimination, racial discrimination and even reverse discrimination.

If you feel you’ve been a victim of discrimination, you’ll need to find a good discrimination lawyer to help you with your case. Because discrimination is often easy to recognize but difficult to prove, look carefully before deciding on a discrimination lawyer.

Are you in need of New York discrimination attorneys for a racially motivated dismissal? Do you need legal advice from New York City discrimination lawyers in regards to a bias or hate crime issue at your job. If you need answered yes to any of these questions or have a related case and need the counsel of experienced NYC harassment attorneys read further to learn more about this complex area of law and the services, The Derek T. Smith Law Group, PLLC is your destination. They are a full-service New York City law firm focused on cases involving employment law. Their team of seasoned New York harassment attorneys and litigators provides aggressive representation to workers who need legal help protecting their employment rights.

With their knowledge of harassment law in New York, they provide an aggressive attack against those who commit New York sexual harassment, as well as discriminate on the basis of race, national origin, religion, gender, or age, or those who violate the overtime laws. The Derek T. Smith Law Group, PLLC also solves workplace problems such as wage disputes and wrongful termination resulting from New York sexual harassment and other violations of harassment law in New York City. Their goal is always to get the best possible result for clients. If you have any questions about New York discrimination in the workplace or would like to speak with them regarding your case of sex harassment in New York City, please feel free to contact Mr. Derek T. Smith, Esq. personally at the law firm of The Derek T. Smith Law Group, PLLC by calling toll-free today.

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