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Tag Archives: Section 1981
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
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
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
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
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
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
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
Title VII is the not the only federal law which prohibits employment discrimination based on race — in fact, it may not be the best statute under which to file your claim. For many workplace race discrimination claims, plaintiffs will … Continue reading
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