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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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Tag Archives: PDA
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
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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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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Constructive Discharge — When “I Quit” Means “I Was Fired”
Constructive discharge is the legal term for when an employee is compelled to quit due to intolerable working conditions. Constructive discharge is not grounds for a lawsuit in and of itself. Rather, it allows an employee to sue for wrongful … Continue reading
Posted in Discrimination Laws
Tagged ADA, ADEA, constructive discharge, PDA, Section 1981, Title VII
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The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is a federal law which makes discrimination based on pregnancy, childbirth and related medical conditions a form of gender discrimination prohibited under Title VII. Being part of Title VII, the PDA only applies to employers … Continue reading
Posted in Discrimination Laws
Tagged Damages, PDA, Pregnancy, Statute of Limitations, Title VII
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Statutes of Limitations for Employment Discrimination Claims
Unlike statutes of limitations for personal injury claims, which are fairly straightforward (e.g., 4 years from the date of the car accident), statutes of limitations for federal employment discrimination claims are often variable, depending on factors such as: (1) when … Continue reading
Posted in Discrimination Laws
Tagged ADA, ADEA, EEOC Complaint, EPA, Lilly Ledbetter Fair Pay Act, PDA, Section 1981, Statute of Limitations, Title VII
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