Employment Law: Discrimination

I heard a commercial on the radio the other day that really made its point about employment discrimination. It started with someone dialing a telephone and a voice answering "so-and-so incorporated, hiring department." The next voice was a male voice with a thick Hispanic accent requesting more information on a position at so-and-so incorporated. The hiring department responded "Sorry, the position has been filled by someone with a greencard."

Again the telephone rang and the same voice at so-and-so incorporated answered with the same greeting. This time a voice sounding a lot like my grandmother in St. Augustine, Florida requested more information on the same position. Again the hiring department responded "Sorry, the position has been filled."

Again the telephone rang and the same voice at so-and-so incorporated answered with the same greeting. This time a woman with a thick Jamaican accent requested more information on the same position. Again the hiring department responded "Sorry, the position has been filled."

Finally, the telephone rang and someone sounding a lot like me (white and male) requested information on the same position. This time the hiring department said, "Can we set up a time for you to come in and interview for the job."

The actions taken by so-and-so incorporated in this scenario are illegal.

Employment Discrimination
The Civil Rights Movement of the 1960's laid the foundation for the Federal and State employment discrimination laws we have today. Title VII of the Civil Rights Act of 1964 bans discrimination based on race, national origin, gender, and religion. Title VII applies to employers with fifteen or more employees and prohibits such employers from refusing to hire; disciplining; firing; failing to promote; demoting; harassing or failing to provide equal pay to an employee based on the employee's race, national origin, gender, and religion.

In addition to Title VII, the Age Discrimination in Employment Act (ADEA) prohibits any employer with twenty or more employees from discriminating against employees or applicants who are over the age of forty. An employee may bring a cause of action against an employer under the ADEA if the employee is fired or forced to retire and replaced by a younger employee.

Americans With Disabilities Act
The Americans With Disabilities Act (ADA) prohibits discrimination against those who are disabled. This applies to employers with more than fifteen employees. To fall under ADA protection, an employee or applicant must show that he or she (1) is disabled; (2) has a history of being disabled; or (3) was regarded by the employer as being disabled.

If an employee or applicant can prove one of the these three criteria, the employee is entitled to ADA protection which includes having the employer provide "reasonable accommodation" for the disability. Reasonable accommodation may be unpaid time off from work, a modified work schedule or work duties, or special devices that will help the employee in the performance of his or her job duties.

If you feel you have been discriminated against based on race, national origin, gender, religion, age or disability contact one of the attorneys at the top of this page.

When To Hire A Social Security Disability Attorney

Did you know that if you have a disability, condition or disease that hampers or prevents you from working, you may be eligible for Social Security Disability (SSD) benefits? SSD is a government program that provides cash benefits on a monthly basis for individuals the government deems "totally disabled." To be eligible, the government usually requires that you suffer from either: 1) a condition that has or will prevent you from being employed for at least twelve months, or 2) a condition that will result in your death.

Social Security Disability Factors
The Social Security Act provides disability benefits to individuals who cannot perform any type of work for at least twelve consecutive months. To be eligible for benefits, the Social Security Administration looks at: 1) whether you are working; 2)whether you have a severe medical impairment that meets the required time frame; 3)whether your impairment or illness is on the approved list; 4) whether you are able to perform the type of work you have done in the past, and 5) whether you can perform lighter work should it be available to you.

The Social Security Administration will also consider factors such as the claimant's age, education, work experience, compliance with medical treatment, daily activities and the kind and extent of treatment.

Hire A Social Security Disability Lawyer
A social security disability lawyer can compile the relevant information you will need to show the SSA you deserve SSD. The process of obtaining SSD benefits can be long and tedious as it requires numerous legal forms to be filled out, personal interviews with someone representing the government and potential appearances before an administrative law judge. There are several levels of benefits you may be eligible to receive and you do not have to be eligible for every level to receive at least some SSD benefit. Most people who apply for social security benefits are turned down a minimum of two times. Without legal help, it can take years to get benefits. A social security disability lawyer can speed up the process.

How To Find An Attorney

When most people want to hire an attorney the first thing they do is open up the Yellow Pages and scan through hundreds (if not thousands) of attorney names or ask a friend for a referral. 

That is not a good way to hire an attorney. 

First, any attorney willing to pay for it can have his name and picture blown up as big as he or she would like. There is no official ranking system or gauge to determine which of the numerous attorneys is the most capable for the price they are charging.

Second, when you ask a friend to refer an attorney you are really narrowing the field of potential candidates to individuals your friend may know. 

In most instances, when an attorney refers you to another attorney he is paid a fee for the referral. Money can really influence who gets the referral. Again, there is still no ranking system or gauge.

The best way to find an attorney is to go to martindale.com. Martindale-Hubbell has a system of ranking attorneys and groups attorneys into city and area of practice. 

An AV rating is the highest rating an attorney can receive. It is a big deal in the legal profession to have Martindal-Hubbell rank an attorney as AV. 

The next ranking is BV, then CV and so on. Martindale-Hubbell will also tell you whether an attorney is trial certified. This means the attorney has actually conducted numerous trials and has met certain other important criteria. 

This can be a benefit to you for purposes of settling your case prior to trial because non-trial certified attornies are often reluctant to take a case to trial against an attorney who is certified.