Case Study: Were You Fired Due To Discrimination

Improved Essays
Were You Fired Due To Discrimination?
Federal and state laws prohibit discrimination against applicants and those on the job, and protect workers from unfair employment decisions and practices simply because of their gender, race, religion, age, or disability.

We focus our practice solely on representing plaintiffs and aim to deliver justice for our clients. Our attorneys pride themselves on developing long-standing relationships with each of our clients. The mark of true dedication is the maintenance of continuous communications and delivering maximum results. In this regard, one of the primary areas of our practice is discrimination in the workplace as it is illegal according to both federal and California state law.

On the federal
…show more content…
The Age Discrimination in Employment Act of 1967 (“ADEA”) prohibits age-based discrimination against individuals who are 40 or older. Title I of the Americans with Disabilities Act of 1990 (“ADA”) prohibits discrimination against a qualified person with a disability, and requires that employers reasonably accommodate the known physical or mental limitations, unless doing so would impose an undue hardship on the operation of the employer’s business. Finally, the Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits discrimination against applicants or employees because of genetic information. Genetic information may include an individual’s or his or her family members’ genetic tests or information about any disease, disorder or condition.

Each of these laws also prohibits employers from retaliating against the individual because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

In California, the Department of Fair Employment and Housing (“DFEH”) enforces the Fair Employment and Housing Act (“FEHA”) which prohibits companies from discriminating against a job applicant or employee due to his or her membership in the one of the following protected categories:

Race, color Ancestry, national origin
Religion,

Related Documents

  • Great Essays

    This dissertation will review implications of this act to patient services, employment, and the facility design. Keywords: discrimination, ADA, modifications ADA: Implications for patient services, Employee developmental, and Facility Design According to 2010…

    • 1664 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Hsm/275 Week 2 Summary

    • 469 Words
    • 2 Pages

    There are two main employment law issues that can be seen in the quote provided above and throughout the article. In Silicon Valley there has been a huge uproar over sexual harassment between women and men in executive start up positions or by venture capitalist. Several companies in the Silicon Valley area have agreed that there is a large gender imbalance within the tech industry and in position such as engineering. In the article there is a discussion on females within the tech industry and positions with gender imbalance who are speaking up about sexual harassment and attempts to place them in a quid pro quo situations that were ignored by companies or whom were forced to keep quiet to keep their jobs or receive help needed. In the quote spoken by Lindsay she explains how she personally experienced sexual harassment not only because of her gender by also due to her race, and it was because of her sex and race that she felt there was a need to “tolerate” discriminatory behavior.…

    • 469 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    On June 1st 2015 the Supreme Court issued a decision that could affect the hiring policies and procedures of many employers. The 8-1 decision reversed the U.S. Court of Appeals for the 10th Circuit’s prior decision that under Title VII an employer is not required to provide a religious accommodation unless the employer had actual knowledge. The Supreme Court case was brought by the EEOC on behalf of Samantha Eluaf who was not hired by Abercrombie and Fitch (A&F) because her religious garb violated the company’s dress policy.…

    • 456 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Under Title VII of the Civil Rights Act of 1964, no employer can discriminate against an employee based upon race, color, religion, sex or national origin. When Shaun is demoted by Montgomery ’s it was because the customer (Phil) made a false complaint about her supposedly saying a racial slur towards Phil. Thus under federal law Shaun was not discriminated against because the law only applies to undesirable employer actions against employees based upon Title VII of the Civil Rights Act of 1964 which is race, color, sexual orientation, national origin and so on. Shaun being demoted was not based on those examples; it was based on her alleged behavior.…

    • 203 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman.…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Some of the cases that have set legal precedence in the areas of retaliation and sexual harassment include the following: City of Los Angeles, Dept. of Water and Power v Manhart, (1978). In this case the supreme court ruled that in administration of company pension plan Title VII of the Civil Rights Act of 1964 made it illegal for an employer to discriminate against any individual because of an individual’s sex (Egan, 2010). Meritor Savings Bank, FSB v. Vinson, (1986). In this case the court held that Titlve VII prohibits sexual harassment in employment, even if the harassment does not cause a direct financial injury. This was the first time the court recognized a cause of action in regards to sexual harassment based on the creation of a…

    • 324 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Re Gault Case Study

    • 542 Words
    • 3 Pages

    1)Equal Opportunity Act of 1972 enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964. The employment section of the Civil Rights Act of 1964, known as Title VII, prohibits discrimination based on race, color, national origin, sex, and religion, and also prohibits employers from retaliating against any employee who exercises his or her rights under Title VII. Today, the EEOC enforces federal anti-discrimination statutes, and provides oversight and coordination of all federal equal opportunity regulations, policies, and practices.…

    • 542 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Fmla Ada Analysis

    • 478 Words
    • 2 Pages

    An Analysis of Possible Violations of FMLA, ADEA, and ADA Acts. This report serves to provide an evaluation of three separate incidents that have been brought to the attention of our Senior Vice President. These incidents pertain to the Family Medical Leave Act (FMLA) of 1993, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990, and this analysis serves to determine if any violations of these acts occurred during or as a result of these incidents.…

    • 478 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Gene Arline Case Study

    • 1430 Words
    • 6 Pages

    After the plaintiff establishes a prima facie case, the burden of production then shifts to the defendant “to articulate some legitimate, nondiscriminatory reason” for its decision. Then, the burden shifts back to the plaintiff to show that the defendant’s articulated reasons are mere pretext for discrimination. However, employers can assert various defenses for defending a disability discrimination claim.…

    • 1430 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    12. Employees shall help maintain a healthy, safe and productive work environment, which is free from discrimination and harassment, whether based on race, color, national origin, age (40 and over), sex, pregnancy, religion, creed, disability, veteran’s status or any other factors protected under state and/or federal civil rights law. Employees shall comply with their agency’s policy on discrimination and harassment, if any. If there is no agency-specific policy, refer to the Department of Human Resources policy on Workplace Discrimination and Harassment (Policy 12-008). 13.…

    • 945 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    9/11 Discrimination Case

    • 2013 Words
    • 9 Pages

    After 9/11 attack, there is a prosecute was apply by a lawyer who is Shelley Bryant is an employment discrimination lawyer in Fresno. This case is about a manager who is Muslim and was removed from his job in a national insurance company. The Muslim worker was removed from his job without following employment law of racial when he was being removed from the job. (). The reason of why he was fired by the company is because he chose not to participate to celebrate the war in Iraq in company meeting.…

    • 2013 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    What do we still need to know about your vulnerable population and what programs address their needs? What programs and policies are needed? Social and demographic trends are making information and assistance services increasingly important to the average American family. Americans live longer and require more help to cope with chronic conditions and frailties. Older adults often live alone, with no younger family members residing in the immediate area.…

    • 1546 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    In 1964 the Civil Rights Act created the EEOC, addressing discrimination is employment. The section of the Act that prohibits discrimination in the workplace based on race, color, national origin, sex, religion, and retaliation is know as Title VII. The EEOC was created to receive complaints, investigate complaints, and conciliate the complaints where it found reasonable cause. In 1971, Congress held hearing on proposed amendments to Title VII and found that the EEOC has made huge attempts to reduce the employment discrimination in the nation but there was still little progress and relying on conciliation and voluntary compliance was not going to work. In 1972, Congress passed the Equal Employment Opportunity Act to provide the EEOC with…

    • 253 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Explain how national initiatives promote anti-discriminatory practice Discrimination occurs worldwide. In every country there are many forms of discrimination and in order to prevent discrimination there are legislations, codes of practice, charters and organisational policies. Sometimes these are not always followed through and some people break these national initiatives and are forced to serve consequences. Some of the legislations only occurs in certain countries for example the European Convention on human rights and fundamental freedoms act of 1950 is not eligible in the US or Asia. Legislations are a political act that has been turned into the law and they are to maintain health and safety.…

    • 1158 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Tamara, Prior to this unit I was not familiar with the legalities with genetic testing nor had I heard of any incidence within my organization. I agree with your discussion post, the manager likely was violating the Genetic Information Nondiscrimination Act of 2008 (GINA). According to the U.S. Equal Employment Opportunity Commission (EEOC), “Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009.” The law prohibits employees from being fired, discriminated against, paid, promoted, or laid off due to their genetic information.…

    • 408 Words
    • 2 Pages
    Improved Essays