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Welcome. This site contains articles written by a lawyer (me) which are designed to help and inform plaintiffs and potential plaintiffs in employment discrimination cases. They are not intended to replace the advice of your lawyer. Privacy Policy
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Author Archives: fl_litig8r
Is Discrimination Against Gay Employees Now Illegal Under Title VII?
On July 15, 2015, the Equal Employment Opportunity Commission (EEOC) issued a 17-page opinion letter which states that employment discrimination based on sexual orientation is forbidden under Title VII’s prohibition against “sex” discrimination. For those who want to read the … Continue reading
Posted in Discrimination Laws
Tagged EEOC, ENDA, Gender, LGBT, Stereotypes, Title VII
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Lilly Ledbetter Fair Pay Act Myths and Reality
While many people have heard of the Lilly Ledbetter Fair Pay Act of 2009, the way in which it has been covered in the media has probably left most with the wrong idea about what the law actually does. From … Continue reading
Posted in Discrimination Laws
Tagged ADA, ADEA, EPA, Lilly Ledbetter Fair Pay Act, PDA, Statute of Limitations, Title VII
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EEOC Mediation Advice
An EEOC mediation is an excellent opportunity to resolve your workplace discrimination claim at a very early stage. Knowing how the mediation process works and what to expect will help you avoid making critical errors which could ruin your chance … Continue reading
What to Expect at Your Deposition
If your lawyer has told you that opposing counsel has scheduled your deposition, you’re probably wondering what you should expect. While I can’t say that your deposition will be a pleasant experience, it probably won’t be as bad as you … Continue reading
Sexual Harassment
When people hear the phrase “sexual harassment”, they typically envision a lecherous boss propositioning his attractive secretary for sexual favors. While sexual harassment can certainly take this form, it also includes a host of other activities, many of which have … Continue reading
Posted in Discrimination Laws
Tagged Gender, hostile work environment, sexual harassment, Title VII
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How Long Does it Take to Get Settlement Money?
The first question on a plaintiff’s mind after the settlement of his or her lawsuit is how long does it take to get the settlement money? There are really two time frames to consider: (1) the time it takes for … Continue reading
Firing Older Workers Because They Are Paid More
It used to be that one of the benefits of working with the same company for an extended period of time was a steady increase in pay over those years. In times of recession, however, this makes it much more … Continue reading
Depositions of Co-Workers – Why You Should Attend Them
Unless you have one of those rare workplace discrimination cases that can be proven through paperwork alone, you will need to rely on the testimony of your co-workers. This is especially true in cases which allege harassment or hostile work … Continue reading
Posted in Practical Advice
Tagged ADA, ADEA, depositions, discovery, PDA, Section 1981, Title VII
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Caps in Discrimination Laws Thwart Punitive Damages’ Purpose
As a plaintiff’s lawyer, I’m obviously not a huge fan of arbitrary damages caps, most often instituted as part of the “tort reform” movement (and covered extensively in the HBO movie “Hot Coffee”). A recent case of religious discrimination won … Continue reading
BFOQ Defenses in Workplace Discrimination Lawsuits
The BFOQ, or Bona Fide Occupational Requirement, is a defense employers can raise in response to workplace discrimination claims alleging disparate treatment under Title VII, the PDA and the ADEA. An employer can completely avoid liability for these types of … Continue reading
Will My Employer Want to Settle My Discrimination Case?
While the odds of any particular workplace discrimination lawsuit settling will obviously depend on the facts specific to each case, overall trends in these types of cases will not be encouraging to plaintiffs. Any lawyer who has handled more than … Continue reading
Posted in Practical Advice
Tagged ADA, ADEA, EPA, PDA, Section 1981, settlement, Title VII, trial
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How to Get a Lawyer to Take Your Case
Some cases just sell themselves. They are such obvious winners and are worth so much money that lawyers are dying to get their hands on them. Unfortunately for you, most workplace discrimination cases are not like this. They rarely settle … Continue reading
Posted in Practical Advice
Tagged ADA, ADEA, disparate treatment, EEOC Complaint, EPA, harassment, hostile work environment, lawyers, PDA, Section 1981, Statute of Limitations, Title VII
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How to Prove Workplace Discrimination — Part 2
In Part 1 of this article, we discussed intentional workplace discrimination claims which involved tangible employment action (firing, demotion, etc.) being taken against the employee. In Part 2, we will now discuss claims based solely on harassment. Harassment claims are … Continue reading
Posted in Practical Advice
Tagged ADA, ADEA, harassment, hostile work environment, PDA, quid pro quo, Section 1981, Title VII
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How to Prove Workplace Discrimination — Part 1
How a plaintiff goes about proving a workplace discrimination case depends on several factors, including the particular law violated, the nature of the discrimination and the status of the employee(s) who performed the discriminatory act(s). Title VII, the PDA, the … Continue reading
Posted in Practical Advice
Tagged ADA, ADEA, disparate treatment, PDA, Section 1981, Title VII
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EEOC Complaint Form — PDF and Filing Tips
To preserve your right to file a workplace discrimination lawsuit under Title VII, the Pregnancy Discrimination Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act, you must file a timely complaint, known as a “charge”, with … Continue reading
Posted in Practical Advice
Tagged ADA, ADEA, EEOC Complaint, PDA, Statute of Limitations, Title VII
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