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Archive for the ‘Discrimination Law’ Category

Discrimination Lawyer

Thursday, May 19th, 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.

Understanding Employment Discrimination Law

Saturday, May 8th, 2010

Laws protect people in employment against discrimination based on race, age, disability, religion, sexual orientation and many other areas. The major piece of legislation that covers disability discrimination is the Americans with Disabilities Act. Part of the purpose of the act is to define who is protected by law and what constitutes illegal discrimination. Like most employment discrimination laws the hardest part of the process in determining if you have been affected is understanding the definitions. The definition of an individual with a disability, under the law, is one who has a physical and or a mental impairment that significantly limits one or more of life’s major activities.

Employment discrimination laws cover the hiring, promotion and firing processes. This which means, a well-qualified applicant cannot be denied fair consideration for employment. Current employees cannot be denied promotion or terminated on the grounds of their disability. Training, benefits, and employee compensation cannot be waived or in any way altered due to a disability. If an employee or applicant makes a claim of discrimination, they must first be a “qualified individual with a disability”, which means if the person is disabled, they must be able to perform the job or task before they can claim they are being discriminated physically.

Under the law the definition of a qualified person with a disability, is someone who first and foremost that has the necessary skills, education or job experience and who can perform the work in question. As well as being able to perform the job you must be able to do so with or without reasonable accommodation. Reasonable accommodation can include making work places accessible for people with disabilities, job restructuring, a modified work timetable, extra unpaid leave, modifying equipment or having qualified readers on hand.

An employer complying with employment discrimination law is not required to lower normal production standards to make an accommodation, nor is he expected to provide personal items like eyeglasses or hearing aids. Employers are only required to provide reasonable accommodation and this gives employers an exemption or what could be seen as a loophole in the legislation. The requirement to make reasonable accommodations for a qualified candidate also means they are not obligated to do so if it would cause undue hardship on the operation of the employer’s business. In effect, undue hardship means anything that causes significant difficulty or expense when compared with the size of the business, the financial status and the businesses operation.

You, like me, may feel that you have been the victim of discrimination. Before making a final decision on whether or not to file a complaint, it is important to check all the existing statutes, both federal and state, related to this law as well as case law. This will ensure you chances of success.