Call today for help with Wrongful Termination, Age Discrimination, Gender Discrimination, Sexual Harassment, Non-Competes, Workplace Retaliation, Pregnancy Discrimination, Disability Discrimination, Military Discrimination & USERRA, National Origin Discrimination, Family and Medical Leave, Severance, Unemployment Appeals, and Wrongful Termination.
The Equal Employment Opportunity Commission prohibits employment discrimination throughout the United States for legally protected classes. Laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act outline certain regulations to protect the employee rights of workers and the EEOC administrates these rules. The Pittsburgh area office enforces the EEOC regulations throughout several Pennsylvania counties as well as West Virginia.
The Equal Employment Opportunity Commission (EEOC) formed to protect employees from employment discrimination by upholding two specific acts, Title VII of the Civil Rights Act of 1964 and Americans with Disabilities Act. Meanwhile, the EEOC also investigates discrimination complaints, provides education on discrimination and equality, and offers guidance to the government. Therefore, the EEOC provides an important service to employees and employers throughout the United States.
Once the employer has been notified of the charge, the priority level for investigation depends strongly on the evidence provided. When a violation appears evident, the EEOC will attempt to negotiate a settlement between both parties. If neither party agrees, an investigation will ensue that will include witness testimony, review of relevant documentation, and possible visitation to the work place where the alleged violation occurred. Once all evidence has been gathered, it will be discussed with both parties. At this point, the EEOC will suggest a mediation program contingent on interest of both parties. If there is still a dispute, a more lengthy investigation will proceed.
Do you need an employment lawyer?
Unless you have a contract, you are an employee at will in Pennsylvania. This means an employer can unfairly fire you. For example, it is illegal to discriminate against an employee based on the employee’s race, color, sex, age (40+), ancestry, national origin, religion, disability, or relationship to a person with a disability. However, it may be unlawful to terminate an individual due to the request for unpaid wages, the use of workers compensation, the request for unemployment compensation, the use of FMLA. Moreover, an employee with a prior criminal offense or who reported relevant information to a state or federal agency may receive certain protection from the law from unfair termination.
Racial discrimination occurs when an individual is treated differently based upon their actual or perceived race. Race discrimination also encompasses discrimination based upon skin color. Though race and color are related concepts, the two are not synonymous. Color generally refers to discrimination based upon one’s pigmentation, complexion, or skin shade or tone. Color discrimination occurs when someone is discriminated against based on the lightness, darkness, or other color characteristic. Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity. Regulation that prevents race discrimination also prohibits discrimination based upon stereotypes, assumptions about abilities, traits or the performance of individuals of certain racial groups.
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
In his majority decision, Associate Justice Lewis F. Powell ruled that help wanted ads were a form of commercial speech that is excluded from protections of freedom of speech and of the press offered under the First Amendment. Sex-segregated advertising was made illegal under the ordinance passed in Pittsburgh, and would be no more permissible than advertisements for prostitutes or drugs that would not be ameliorated by the fact that a newspaper advertised them under the headings "prostitutes wanted" or "narcotics for sale". In the same way, an advertiser who placed ads seeking male applicants "is likely to discriminate in his hiring decisions", and the newspaper should be assisting even indirectly in this discriminatory practice by allowing such ads to be printed. Stewart emphasized that the court affirmed "the protection afforded to editorial judgment and to the free expression of views, however controversial" and that it was in no way restricting "stories or commentary by the Pittsburgh Press, its columnists or its contributors".
Pittsburgh Personal Injury Lawyer – Harrisburg Personal Injury Lawyer
Pittsburgh and Harrisburg personal injury lawyer Jim Moyles possesses more than 30 years’ experience. He has been named a Pennsylvania Super Lawyer and Pittsburgh Medical Malpractice Super Lawyer through highly selective processes that recognize only those attorneys who have attained a high standard of peer respect and professional achievement. His position on the Board of Governors of the Pennsylvania Association for Justice (PAJ) supports his commitment to all persons who have been injured by the negligence of others, regardless of the wrongdoers’ financial resources, power and prestige. Jim is also approved to handle cases through the National Vaccine Injury Compensation Program (VICP.)
The Equal Employment Opportunity Commission prohibits employment discrimination throughout the United States. Pennsylvania offers two EEOC PA offices. The Pittsburgh area office enforces the EEOC regulations throughout several Pennsylvania counties as well as West Virginia. Meanwhile, the Philadelphia district office presides over the states of Delaware, Pennsylvania, West Virginia, and some counties of Maryland, Ohio, and New Jersey.
1. What is pregnancy discrimination?
2. Which federal laws cover pregnancy discrimination?
3. Who is protected under the law?
4. Do I have to tell potential employers I’m pregnant?
5. Do I have to tell my current employer I’m pregnant?
6. Can my employer prevent me from working while I’m pregnant or require me to take a certain amount of leave?
7. Can my employer keep me from working in certain areas or doing certain tasks because of health and safety concerns?
8. Can my employer move me to another position while I am pregnant so as not to offend clients or customers?
9. Can my employer deny me pregnancy leave?
10. Can my employer deny me medical leave for pregnancy-related complications?
11. What happens to my job while I am on pregnancy leave?
12. What happens to my benefits while I am on pregnancy leave?
13. Is my employer required to pay me while I am on pregnancy leave?
14. Does my employer’s health insurance have to cover the medical costs of my pregnancy?
15. Can I be treated differently because I am unmarried and pregnant?
16. Can men take pregnancy leaves?
17. I was pregnant, but am no longer pregnant, and need time off to recover. Am I covered by the law?
18. My employer’s medical plan covers most health conditions, but excludes abortion and contraceptive devices and medication. Is this legal?
19. What do I do if I am being discriminated against or denied leave?
20. Who enforces the law?
21. What are the remedies available to me?
22. How can I file a complaint?
23. More Information About Pregnancy Discrimination
In a DUI situation, you can be arrested on the scene and then transported to the Allegheny County Jail in Pittsburgh, Pennsylvania. However, if you consent to take a breathalyzer test at the Police station or submit to a blood draw at a hospital, you will most likely be released from that location to a family member or friend who can take you home instead of going to jail. Aside from providing identification, avoid talking to the Police about what happened; anything you say to the Police will be used against you at your trial. Also, if you were in an accident, do not tell your automobile insurance company that you were drinking and driving before talking with a Lawyer. Insurance companies make reports, and these reports can be obtained by the Police and District Attorney.
Research your options immediately when you have suffered employment discrimination because filing with the EEOC may not be in your best interest. Due to a high volume of filed complaints, the EEOC often cannot pursue every discrimination case. Meanwhile, the EEOC also values timeliness, demanding that complaints be filed within the minimum of 180 days. Some state and local governments provide time extensions on the EEOC filing time because of the type of discrimination that occurred.
PITTSBURGH PERSONAL INJURY LAWYERS
We also understand the hassles in dealing with insurance companies. An insurance company is a business and will try to pay the least amount possible in damages. When an insurance company sees an experienced personal injury law firm is on your side, they will know that your case needs to be taken seriously. Our goal is to help you get the best possible outcome so that we can make a positive difference in your life.
1. What is age discrimination?
2. Which federal law(s) cover older workers?
3. Who is covered by age discrimination laws?
4. Which employers are covered by the law?
5. Are all older workers protected under the law?
6. What forms of discrimination or unfair treatment are illegal?
7. What are valid reasons for an employer to fire an older worker?
8. Is age ever a qualification for a certain job?
9. Can I be turned down for a job because I am “overqualified?”
10. Can I be fired or not hired because a younger employee costs the company less?
11. Can I be fired to stop my pension from vesting or because my health insurance is more costly?
12. Can an employer ask my age on a job application?
13. Can my employer make me retire?
14. Can I be asked to sign something waiving my legal rights?
15. Are governmental employees covered?
16. Who enforces the law?
17. What are the remedies available to me?
18. How can I file a complaint / how long do I have to file?
19. Where can I get more information about age discrimination?
The broad, anti-retaliation language of Title VII, however, is limited by the requirement that conduct must be materially adverse to rise to the level of actionable retaliation, Breyer continued. “It is important to separate significant from trivial harms,” he wrote, contrasting “employer interference with ‘unfettered access’ to Title VII’s remedial mechanisms,” which is actionable, with “the ordinary tribulations of the workplace,” which generally are not. His list of ordinary tribulations included personality conflicts and snubbing, and “sporadic” abusive language, gender-related jokes and teasing. What exactly constitutes retaliatory conduct will depend on the circumstances of the particular case. “By focusing on the materiality of the challenged action and the perspective of a reasonable person in the plaintiff’s position,” Breyer explained, “we believe this standard will screen out trivial conduct while effectively capturing those acts that are likely to dissuade employees from complaining or assisting in complaints about discrimination.”
Jason Karavias, Esq., Attorney At Law
New York Office 445 Park Avenue 9th Floor New York, NY 10022 Phone: 412-223-7924 Phone: 718-729-5959 Fax: 917-322-2105 Map & Directions