|
Zipkin
Whiting Co., L.P.A. |
Employment Discrimination
All employees are protected from discrimination by employers on
the basis of being a member of a protected class.
Below are descriptions of the
different protected classes and what constitutes discrimination.
Sexual Harassment
·
Sexual harassment is a form of sex discrimination that can consist
of unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature. To qualify as harassment, such conduct
must affect an individual’s employment, unreasonably interfere with an individual’s work performance, or create an
intimidating, hostile, or offensive work environment.
Harassment due to sex is unfair to both mail
and female employees. If a female is promoted or receives
benefits more favorable than a male co-worker who is more talented, the male
worker is affected unfairly. If a female refuses to provide
requested personal favors from a supervisor or co-worker, such conduct can
and often does cause serious emotional and personal harm to that female worker
and her family.
Race
·
Employers may not discriminate against employees on the basis of their race or color. If you have
experienced some kind of adverse employment action on the basis of your race or
color, your employer may have violated federal and state statutes that prohibit
such discrimination.
Sex
·
It is unlawful to discriminate against any employee because of
his/her sex. Also prohibited are employment decisions based on stereotypes
and assumptions about abilities, traits, or the performance of individuals on
the basis of sex.
·
Pregnancy Discrimination
·
Discrimination on the basis of pregnancy, childbirth, or related
medical conditions constitutes unlawful sex discrimination. Women
who are pregnant or affected by related conditions must be treated in the same
manner as other applicants or employees with similar abilities or limitations.
·
Equal Pay
·
All workers have the right to receive equal pay for equal work. As
such, there are federal and state statutes that require employers to pay men
and women equal salaries for equal work in the same establishment. While
the jobs need not be identical, they must require substantially equal skill,
effort, and responsibility, and must be performed under similar working
conditions.
National Origin
·
Regardless of ancestry, all workers are entitled to the same
employment opportunities as anyone else. National origin discrimination occurs
when a person is treated less favorably because he/she comes from a particular
place, because of his/her ethnicity or accent, or because it is believed that
he/she has a particular ethnic background. National origin discrimination does
not occur on the basis of citizenship. If you have experienced some kind of
adverse employment action, whether it be a demotion, pay cut, or termination,
on the basis of your national origin, your employer may have violated federal
and state statutes prohibiting such discrimination.
Retaliation
·
It is unlawful for an employer to terminate, demote, harass, or
otherwise “retaliate” against an individual for filing a charge of
discrimination or participating in any other protected activity. Retaliation
occurs when an employer takes an adverse action, whether it be a demotion, pay
cut, or termination, against an employee because he/she is engaged in a
protected activity. Protected activities may include, but are not limited to,
complaining about alleged discrimination, talking to a lawyer about
discrimination in employment, filing charges against the employer on the basis
of discrimination, or protesting against an employer’s discriminatory policies.
Religion
·
Employers are prohibited from discriminating against individuals
on the basis of religion. Employers must reasonably accommodate
employees’ sincerely held religious practices unless doing so would impose an
undue hardship on the employer. However, employers are not required to
accommodate an employee’s religious practices if doing so would impose an undue
hardship on the employers’ legitimate business interests.
Age
·
If you are over 40, federal and state statutes protect you from
being discriminated against on the basis of your age. Under these laws, it
is unlawful to discriminate against a person because of his or her age with
respect to any term, condition, or privilege of employment. If
you have experienced some kind of adverse employment action, whether it is a
demotion, pay cut, or termination, on the basis of your age, your employer may have
violated these statutes.
Disability
·
For workers who are disabled, finding and keeping employment can
be difficult. Therefore, federal and state statutes protect qualified
workers from being discriminated against on the basis of disability. An
individual with a disability is a person who has a physical or mental
impairment that substantially limits one or more major life activities, someone
who has a prior record of having such an impairment, or someone who is regarded
by others as having such an impairment. A person is a qualified worker if
he/she, with or without reasonable accommodation, can perform the essential
functions of the job in question. Employers are required to make a
reasonable accommodation so long as it does not pose an “undue hardship” to the
employer. If you have experienced some kind of adverse employment
action, whether it be a demotion, pay cut, or termination, on the basis of a
disability, or your employer has refused to provide a reasonable accommodation,
your employer may have violated these statutes.
Other
Employment Law
All workers are entitled to fair employment practices. Below
are descriptions of unfair employment and labor practices and the laws that
protect the employee.
Family Medical Leave Act
·
In the event a loved one in your immediate family or you yourself
become seriously ill, the Family Medical Leave Act (FMLA) can provide you with
the time you need off while keeping your job available for you. So
long as your employer has at least 50 employees, and you have worked there for
at least 1 year and put in at least 1250 hours, you may be entitled to up to 12
weeks of unpaid leave.
Fair Labor Standards Act
·
The Fair Labor Standards Act (FLSA) was designed to protect four areas
of employment practices: overtime wages, recordkeeping and minimum wage. This
federal law, among other things, requires employers to pay employees a
minimum-working wage, and also time and a half for all hours worked over 40 per
week. While
there are some exceptions to the overtime standards for professionals and other
specified types of workers, this statute largely governs fair working
standards.
Criminal Law
When you find yourself in trouble with the law, you need an attorney
who will listen to you and who will defend your legal rights as a human being
and a citizen. Whether you find yourself in a legal situation that arises
from a car accident or from a far more serious incident, you will want lawyers
behind you with the expertise and the determination to represent your
legal rights and best interests.
Family Law & Divorce
Family law and divorce involve sensitive. emotional and other
difficult issues. Whether it is a child custody issue or an issue related to
estates, professional legal expertise is imperative.
Bankruptcy
There is nothing easy about declaring bankruptcy. Whether
you need to declare bankruptcy for yourself or for your business, or if you
just want advice, having a legal expert as your advisor through this process is
key.
Consumer Law Violations
As a consumer, you are sometimes vulnerable to the whim of
corporations. Every day, trusting consumers are harmed or injured by
the illegal conduct of others who have taken their trust at discount
rates. If you have been harmed or injured by the conduct of
others who have sold you product or services, we can provide the expertise
you’ll need to right such wrongs.
Medical Malpractice
Every day, people just like you place their lives and health in
the hands of medical care professionals, trusting that the care they
receive satisfies community standards. Unfortunately, this does not always
happen. If you have been harmed by the negligence of health care
professionals, you will need an attorney with the experience and tenacity to
fight to get you fair compensation.
Personal Injury – Wrongful Death
When injured due to the negligence or recklessness of another
person, the injured person often feels lost and confused. If
this happens to you, we can provide the guidance you need to advocate in your
best interest and get what you deserve.
Automobile Accident & Injury
When an accident happens, there are many people who suddenly spring out of the woodwork. From insurance agents to medical professionals, we can help alleviate some of the stress that automobile accidents and their resulting injuries. If you have been hurt in an automobile accident, you’ll need an attorney with the ability to get you compensated for your losses.
Zipkin Whiting Co. L.P.A. is licensed to practice law in the State of Ohio and Federal Courts. The contents of this website is provided solely for informational purposes and should not construed as legal advice. Viewing any part of this website as well as providing any information to Zipkin Whiting Co. L.P.A. through this website is not confidential, does not establish an attorney/client relationship or establish any sort of attorney/client privilege.