Frequently Asked Questions of Attorney Richard A. MeierThe following information includes frequently asked questions about employment discrimination claims. The answers stated are general in nature and are not intended to apply to every employment discrimination situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Farmington Hills employment discrimination Attorney Richard A. Meier, you can receive a personal consultation regarding your specific Employment Discrimination claim.
What Remedies Are Available When Discrimination Is Found? The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:
Punitive damages award are monetary sanctions imposed on a defendant. A punitive damage award has nothing whatsoever to do with the actual damages sustained by the plaintiff. The purpose of punitive damages is to punish a defendant for intentional malicious or oppressive misconduct, to deter the defendant from repeating it and to deter others similarly situated from engaging in it. Punitive damages are not available against the federal, state or local governments. In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case. [ Back to Top ] What is EEOC and how does it operate? EEOC is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chair and a Vice-Chair. The Chair is the chief executive officer of the Commission. The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation. EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation. What is the federal Family and Medical Leave Act (FMLA)? The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees up to twelve weeks unpaid, job-protected leave per year. The FMLA imposes certain notification responsibilities on employers. Notices about FMLA must be publicly posted, and if the employer publishes an employee handbook the handbook must contain information about FMLA. It also requires that group health benefits be maintained during the leave. FMLA is designed to assist employees in balancing their work and family responsibilities by permitting them to take reasonable unpaid leave for certain family and medical reasons. The Act also seeks to accommodate the legitimate interests of employers, and promotes equal employment opportunity for men and women. A number of states have also enacted family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by FMLA. In those situations where an employee is covered by both Federal and State FMLA laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law. [ Back to Top ] Only employers with 50 or more employees at a single location or within a 75 mile radius are covered by FMLA. For an employee to be eligible, he or she must have worked for the employer for at least one year and must have worked at least 1,250 hours (an average of 25 hours a week) during the previous 12-month period. An employer may deny leave to any key employee who receives a salary in the top 10% of the work force and whose leave-taking would cause economic harm to the employer. [ Back to Top ] Covered employers must grant eligible employees up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:
[ Back to Top ] What is the Age Discrimination in Employment Act (ADEA)? The Age Discrimination in Employment Act is a federal statute which makes it unlawful for an employer, employment agency or Labor Union to discriminate in employment against anyone because of his or her age. This applies to both refusal to hire an individual and to discharging an employee. It also applies to age-based disparities in compensation, to terms, conditions or privileges of employment and to employee benefits. [ Back to Top ] Who is covered by the Age Discrimination in Employment Act? The ADEA applies only to persons who are over 40, and there is no upper age limit. The ADEA applies to employment practices in both the private and the public sector, including employment agencies and Labor Unions. Using age as an employment factor may not be unlawful where age is a bona fide occupational qualification reasonably necessary to the normal operation of the job. Also, state and local governments may use age as a basis for hiring and retiring law enforcement officers, prison guards and firefighters. [ Back to Top ] How is an employee protected from age discrimination? The federal Age Discrimination in Employment Act protects workers over the age of 40 from employment discrimination for age reasons, including refusal to hire, wrongful discharge, disparity in employment terms & conditions and benefits and unwarranted compulsory retirement. The claimant in an ADEA case must prove that job performance met the employer's expectations up until the alleged discrimination. [ Back to Top ] What administrative body may impose remedies for a violation of the Age Discrimination in Employment Act? The Equal Employment Opportunity Commission (EEOC) handles the administrative enforcement of the ADEA. In states that have their own age anti-discrimination agencies, federal ADEA complaints must be filed with the EEOC within 300 days after the alleged unlawful practice, or within 30 days after receipt of notice that the state proceedings have been terminated; whichever is earlier. "Piggybacking" is one way to potentially avoid or circumvent the 300 day filing requirement under the ADEA. The piggyback concept allows joiners of an existing lawsuit or initiation of a separate lawsuit by an otherwise untimely claimant upon two conditions: (1) the EEOC charge being relied upon is timely and not otherwise defective; and (2) the individual claims of the filing and non-filing (or untimely filed) plaintiff must have arisen out of "similar discriminatory treatment in the same time frame." In states that do not have their own age anti-discrimination agencies, federal ADEA complaints must be filed with the EEOC within 180 days after the occurrence of the discriminatory act. The claimant's time limit within which to file a federal lawsuit then becomes 90 days after a right to sue letter is issued by the EEOC. This may occur before the EEOC concludes its investigation and determination (in the event the employee requests withdrawal of the charge) or after a determination and period of conciliation, if necessary. Individual civil actions based on the claim may not be filed until 60 days after filing a charge with EEOC, or with the state discrimination agency. There is a two-year statute of limitations governing most of these lawsuits. Where based upon willful violations, however, the statute of limitations is three years. [ Back to Top ] What is the Civil Rights Act of 1964 (Title VII)? The Civil Rights Act of 1964 (Title VII) is a federal statute which prohibits discrimination in employment, including public accommodations, governmental services and education. An employer cannot fail or refuse to hire, fire, promote, or discriminate against any employee with respect to compensation, terms, conditions and privileges of employment based on race, color, sex, religion or national origin. An employer cannot limit, segregate or classify employees or applicants in any way that would deprive or tend to deprive employment opportunities or that adversely affects the status of an employee because of race, color, sex, religion or national origin. [ Back to Top ] Who is covered by the Civil Rights Act of 1964 (Title VII)? Employers with 15 or more employees, affecting commerce, and whose employees have been employed for each working day in each of 20 or more calendar weeks in the current or proceeding calendar year, are covered by Title VII. Title VII applies to all employers, potential employers, unions, employment agencies and joint labor-management training committees. Title VII, through subsequent amendments, applies to state and local governments, governmental agencies and political subdivisions. Religious organizations are exempt when the purported discrimination is based upon religious grounds. [ Back to Top ] What is the Statute of Limitations? As with any other civil action, lawsuits based on employment discrimination are subject to statutes of limitations. The statute of limitations is a law which limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, the claim can no longer receive any financial compensation whatsoever, regardless of the merits of the claim. Statutes of limitations can be particularly tricky in employment discrimination cases. For one thing, the same act of discrimination form the basis for both federal and state discrimination claims, each subject to a statute of limitations, but often the length of time for filing is not the same in both. Moreover, some states permit the term of the statute of limitations in these cases to be shortened or lengthened by contract between the parties. For example, in the case of Clark v. DaimlerChrysler Corp, a Michigan case decided in 2005, a three-year statute of limitations was applicable to the type of discrimination claim brought by the plaintiff. A provision in the employment contract under which plaintiff was hired limited the time for bringing claims against the employer to six months. The Michigan court ruled in favor of the defense, holding that plaintiff's claim was time-barred since it was not brought within the six-month period set forth in the employment contract. In other words, the contract had effectively changed the statute of limitations from three years to six months. If you feel that you may be the victim of employment discrimination, please contact Michigan discrimination Attorney Richard A. Meier today at 866-435-3796. Don't forfeit your claim by waiting too long to seek legal advice. [ Back to Top ] Although there are some exceptions, as a general rule all employment is presumed to be employment "at will." This means, literally, that employment may be terminated at any time the employer chooses to terminate it. There is no requirement that good cause, or indeed, any cause for the termination be shown. [ Back to Top ] What kind of exceptions apply to employment "at will?" The two most common exceptions to "at will" employment are "statutory exceptions" and "public policy exceptions." Statutory exceptions: Many states have enacted statutes (in addition to any similar federal statutes) which prohibit discrimination against an employee or a job applicant on the basis of race, gender, religion, national origin or age. In some states, the statutes also bar discrimination based on such classifications as sexual orientation and an individual's height or weight. Additionally, and again apart from federal law requirements, many states have enacted legislation prohibiting employers from discrimination against employees or job applicants on the basis of some health condition or disability. Generally, these laws prohibits discrimination not just in situations where there is an actual disability, but also in situations where there is no "actual" disability, but where the employer "perceives" a disability. Many states have whistleblower protection laws. These are usually similar to federal whistleblower laws, providing relief for employees who have been discharged for reporting or being about to report an employer for some violation or suspected violation of a regulation or law. Public Policy Exceptions: Most states make it unlawful to terminate an employee who is filing or about to file a workers' compensation claim. [ Back to Top ] How do I know if I need an attorney? Not every instance of employment discrimination results in the filing of formal charges. Sometimes the discrimination is a one-time occurrence with such a minimal negative impact that the employee chooses to simply ignore it. In other situations, there may already be a compelling personal and/or professional reason to change jobs even before a single instance of discrimination occurs. In that type of situation, the employee may decide to simply change jobs and get out of the situation. You are the only person capable of deciding whether or not you wish to file a claim. If you believe that you are the victim of employment discrimination which has had a negative impact on any aspect of your life, you should consult with an employment discrimination lawyer as soon as possible. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. Michigan employment discrimination Attorney Richard A. Meier, can advise you on the applicable statute of limitations for your employment discrimination claim. How much does Richard A. Meier charge for legal representation in employment discrimination cases? There is never any charge whatsoever for an initial consultation to determine how Attorney Richard A. Meier can best serve your needs. You will find the fee schedule reasonable and competitive, and there will be no "hidden costs" or "surprises." If you or someone you know in Farmington Hills, or within the surrounding cities and counties of Michigan needs the assistance or trusted legal advice of an experienced employment discrimination lawyer, please contact the Law Offices of Richard A. Meier, today at 866-435-3796, or complete the contact form provided on this site to begin your free consultation with a skilled Michigan sexual discrimination lawyer. |
This is a paid
advertisement.
|