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Under the Wing of a Federal Law: 9 Steps to Proving Workplace Discrimination in Court

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Workplace discrimination

Workplace discrimination is something that has a repeated history of occurring within the United States. Where these cases to get quite complicated is that they have many requirements that need to be met in order for the case to ultimately be successful in court. Additionally, employers do have rights in these cases that have to be addressed before the ultimate outcome will be potentially successful for the employee. If you are an employee who feels that they have been unjustly discriminated at work, consider the following guidelines for proving workplace discrimination in court under the wing of Federal Law:

Learn the Difference Between a Federal and State Claim

Depending on your State’s local laws, you may opt to wait for the Federal Law to kick in with a full investigation from the EEOC. What the EEOC achieves is to potentially achieve more successful results for employees whose circumstances fall in a grey area of state discrimination laws. What is important to remember is that each State’s policy must fall within the Federal Law’s guidelines of what is legal and what is not. Understanding this nuance is pivotal to having the Federal Law be utilized for your upcoming case.

Be Aware of the Statute of Limitations to File a Case

It is important to be aware that there is a time limit for how much time can pass before your claim can no longer be filed. If you are attempting to file with the EEOC, federal employees have up to 45 days, other employees have up to 180 days, and state employees have 300 days. Remember, the sooner you file the better in order to have the best possible results.

Hire an Attorney

Regardless of your financial situation, it is imperative to hire an attorney for workplace discrimination claims, particularly if you are going to have to go to court. Hiring an attorney will help you to determine which protected class you fall into whether its age, gender, race, etc. for your upcoming case. Many attorneys will take these cases on a contingency fee basis, which means you will pay them a percentage of your settlement. In order to learn more about prospective attorneys, view Brady & Associates

Gather the Necessary Evidence of Your Discrimination

In these sorts of cases, it is imperative to gather as much evidence as possible and many times, the evidence will not be easy to find after the fact. The more that you gather before your employer knows you are filing a workplace discrimination case, the better. Some great examples of evidence to gather are your personnel file, your employee handbook of company policies, diary or journal entries, your pay records, physical records of discrimination or harassment, mental health records, medical records, and potential witness testimony. These items will potentially be essential to your case.

File a Lawsuit

Upon the successful completion of the EEOC’s investigation, you will be provided with a letter with the authorization to use. With this letter, your attorney will help you to file a lawsuit against your employer.

Make a “Prima Facie” Case for Discrimination

There are many types of potential discrimination claims that you can file for. It is wise to consult with your attorney about which one you will be potentially trying to prove. Some potential claims to explore are Discriminatory Intent/Treatment, Disparate Impact, and Retaliation. Depending on which one best aligns with the specific details of your case, your attorney will advise you which legal theory to proceed with for your case.

Prove Your Employer’s Argument Is Insufficient

In order to be successful, you are going to have to knock out your employer’s counter-argument against your claim. This is where the evidence you have gathered will be crucial to the successful outcome of your case. An example could be your employee handbook to show that a certain policy is discriminatory in nature. If you have the text in hand before your employer attempts to modify it during the case, you will be able to show their argument is insufficient. Your attorney will be able to guide you on potential ways to have success with using your relevant evidence to your advance in order to discredit your employer’s argument.

Gather Up Your Witnesses to Testify

Having a witness is crucial in many discriminatory cases. This is an ideal situation if you are an individual filing or have a class of Plaintiffs trying to bring a case. Be sure to have your witness make an official statement or even be willing to testify if required. Be sensitive to the witness’ needs if they are still employed at your employer where the events leading to the case occurred.

Submit Documents to the Court

Once you and your attorney have decided the direction the case will go and what evidence you will be using in order to prove your case, it is essential to submit your documents to the court on time. Courts do not take kindly to incomplete filings and filings that are not punctual. Be sure that your attorney does not miss a deadline and regularly follow up with them about the progress of your case.

Final Remarks

If you feel that you have been discriminated against in your place of employment, it is important to consult your legal options with several attorneys. Attorneys normally offer a complimentary consultation appointment before they decide to take your case. Use this to your advantage to see the prospective options for your case. While you are looking for attorneys, be discrete and gather as much potential relevant evidence possible to strengthen your case. Once you decide on the appropriate attorney, be sure to file your case with the EEOC promptly within the statute of limitations to avoid not having an option to file your case. If you follow these steps and collaborate with your attorney with prompt court filings, proving a “prima facie” case for discrimination, and demonstrate that your employer’s argument is insufficient, you will likely have a successful outcome to your discrimination claim under Federal Law.

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Student @ Advanced Digital Sciences Center, Singapore. Travelled to 30+ countries, passion for basketball.

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Employee Training and Development Becomes One of the Most Disruptive Megatrends That Is Shaping the Future of Work

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Employee training

There is no question about the effectiveness of employee training and development. It’s incredibly important to help your staff advance their skills and knowledge to help grow a business, but the impact of employee learning has often been understated and even neglected. However, companies are now suggesting that employee training and development is one of the biggest megatrends that have completely transformed the future of work. It has overhauled how businesses should be developing and engaging with employees, and it’s leading to an incredibly diverse and talented workforce that is capable of wonderful new things.

Part of the problem of employee training and development is that it’s difficult to measure its impact on the workplace. Employee performance often isn’t a quantitative measurement that is easy to read and link to their output. This is one of the reasons why the effectiveness of employee training and development has been questioned by management experts.

Thankfully, new strategies have been developed to help measure workplace learning and its impact on companies. Below, we’ve included a helpful infographic that covers some of the most important measurements, such as return on investment and how it is calculated in the context of employee learning and development. It should put the effectiveness of employee training into perspective and will help you better understand when training is needed and how development actually improves your business and its productivity.


Infographic by: Ezra Coaching
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Top 10 Simple Health Changes To Boost Your Well-Being

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It does not matter how old you are, where you live, or what your occupation is, your health should always be a top priority. However, most of us are a little bit guilty of letting our well-being slide from time to time. With that being said, read on to discover some of the simple ways you can give your health a boost today.

  1. Get rid of at least one item in your life that contains toxic chemicals – You may be shocked by just how many items in your life contain toxic chemicals. This includes everything from air fresheners to bed sheets. Get rid of one of these items and replace it with something natural instead. This is something you should make a habit to do every few months or so. You will be surprised by just how much of a difference this can make. 
  2. Deep breathe for at least five minutes – Throughout the day, you should make sure you take the opportunity to deep breathe for at least five minutes. Why? Well, there have been numerous studies that have shown that deep breathing can help to lower stress hormone levels. This means that you will feel better, get an improved night’s sleep, and you will have less anxiety too.
  3. Drink more water – You probably expected this to be on the list, but the importance of drinking more water should never be ignored. Your body needs water for almost every function. If you are dehydrated, this could be the cause of headaches, pains, aches, and a number of other symptoms.
  4. Have one veggie night per week – A lot of people eat far too much meat, red meat especially. So, why not have a veggie night once a week? Not only is this good for your health, but it will be good for your bank balance too. There are so many great recipes online that can give you ideas regarding tasty and creative dishes that do not incorporate any sort of meat or fish. Once you start off with one night per week, you may then decide that you want to up it to two nights, and so on. However, it always helps to start off small so that it is easier and more manageable, and you can then get used to it.
  5. Sign up for an online pharmacy – Nowadays, you can easily order your prescriptions and medications over the Internet via an online pharmacy. This can help you to boost your health because it ensures you never experience delays with your medication. If you are someone who often doesn’t take their recommended course of tablets because you cannot get to the doctors in time for a repeat prescription, then this is definitely a good suggestion for you. Your medication will be delivered to your door with a click of a button.
  6. Make a dedicated effort to lower your stress levels – There is no denying that we live in a very stress-filled world at the moment! The world we live in is one that has heaps of pressure, and it can be difficult to stay on top of everything and keep those stress levels low. However, it is vital that you find a way to do so. After all, if you don’t adrenal fatigue and health can start to take a tumble, which is the last thing you want. For those who are unaware, adrenal fatigue relates to a group of different symptoms that impact people who are under a lot of physical, emotional, or mental stress. From being a single parent to having a stressful job, there are a lot of different reasons why you may be struggling. Therefore, we recommend that you look for different ways to reduce those stress levels so that you can enjoy a more calming and peaceful life. Whether it is doing some breathing techniques or taking more regular breaks so you can have moments for yourself, there are a lot of different ways that you can make sure you are keeping your stress levels to a minimum. The importance of this should not be overlooked, as stress can impact our mental and physical health in so many different ways. 
  7. Do something nice for someone every day – You will be surprised by how good this makes you feel, and by how much this has a positive impact on your health. It’s all about mental well being. When you do something nice for another person, you are benefitting their health, as well as your own. First and foremost, there is no denying that it feels good to hear some nice words for someone or to get a helping hand when you need it. You feel recognised and appreciated, and this is something we all need. At the same time, doing something nice for someone else and seeing their reaction can make you feel amazing too. After all, doing something good for someone is a gift for yourself at the same time. You will find that the deed continues throughout the day, making you feel great and happy within yourself. 
  8. Incorporate some movement into your commute – If you do not have an active job, this is particularly important. Sitting at a computer all day can be bad for your health. One way to combat this is by incorporating some movement into your commute. If you can walk or bike to work, you should give this a go. If not, start parking your car further away from your place of work so that you have to walk there and back. You should also start using the stairs instead of the elevator whenever you can.
  9. Start meal planning – You will find it much easier to eat healthily if you plan your meals. At the start of every week, make a menu of what you are going to cook for dinner every evening, as well as what you are going to make for your lunches every day. Not only will this help you to eat better, but you will save money too. Make sure you incorporate some healthy snacks into your food prep for work. This will stop you from going to the vending machine whenever you are bored or your energy is zapped. The great thing about the times we live in at the moment is that you can easily get recipes and meal prep inspiration online. So, if you are struggling, simply do a little bit of digging online and we are sure that you will find a lot of different options when it comes to meal ideas and clever food prep suggestions for the week ahead. Not only is this going to help you to be more organized, but you will find that it actually saves you quite a bit of money in the process. After all, when we do not have a food plan for the week ahead, we tend to spend a lot of money on items we do not need. Food can end up going in the bin because we do not use it. This ends up in an awful lot of waste, and we should all be looking to reduce this, so meal prep is great in many ways.
  10. Keep a journal – Last but not least, keeping a journal is good for a person’s mental health. You should write down your thoughts. It doesn’t need to be a long entry; you can simply jot down a few bullet points every evening. This will help you to articulate your thoughts so that they do not wear you down. After all, it can be very difficult to sleep if you have lots on your mind. A lot of experts advise this approach for people who suffer from insomnia. One of the main reasons why a lot of people struggle to get the hours of sleep they need is because they cannot shut off when they go to sleep; their minds are still going at a million miles per hour. They are thinking about what they need to do the following day and any worries or concerns that they may have. Because of this, it very much makes sense to keep a journal so you can offload some of these thoughts and worries and you can have a much more restful night of sleep. Once you get into the habit of doing this, you will see that it actually does make a significant difference when it comes to drifting off and enjoying a good night of rest. 

So there you have it: some of the best ways to give your health a boost. The suggestions that have been provided are really simple and easy, so there is no excuse not to give yourself a bit of TLC. we are sure that you will start to notice a difference as time goes on. However, as is the case with anything, it requires patience and persistence. You cannot expect to turn your health around in one night.

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Why Buy A Business, Rather Than Start One

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There are good and bad sides to buying a business and starting your own business from scratch. For lots of people, the positives of buying an established business outweigh the positives of starting a business. Here are the reasons why buying an existing business could be the right choice.

Easier To Secure Finance

All businesses will need finance. Unless you can fund your business yourself, you’ll need to secure financing from investors. Most lenders will be more willing to lend money to an established business that they can already see is doing well, rather than risk an unknown factor. 

Income From Day One

One of the downsides of starting a business is that most start-ups will go through an early stage where they don’t make much, if any, money. For some entrepreneurs, this stage can last for several years. 

During this stage, you will need to pay out for things like your premises, as well as equipment, installation of equipment, stock, materials, fixtures and fittings, legal and professional fees, a license, uniforms, and more. 

If you don’t have finance in place or another form of income, this stage can be very tough for a new business owner. If you buy a business, you can start earning from day one, and avoid this tricky period where you might be out of pocket.  

Established Brand

When you buy a business that already exists, you are also buying into a brand that is already known, recognizable, and has a track record. You get the business complete with all the trademarks, copyrights, and websites associated with it, as well as the business locations

This means that your business will already have customers, lenders, suppliers, and other contacts that are confident in the business already. 

Instant Customer Access

An existing business also has customers already, which can help you succeed straight away. You can use a range of strategies and marketing to build on the existing customer base, but won’t have to struggle to build a customer base from scratch. 

Established Network Of Contacts

When you start a business from scratch, a lot of your time and energy has to be put into building up a network of contacts. 

All businesses need to have supplier and marketing contacts, so buying an existing business that already has those contacts in place allows you to hit the ground running.

Like money lenders, suppliers and marketing companies are more likely to offer you more favourable terms if your business has been around for a while and they know it.  

Focus On Growing The Business

When an entrepreneur starts a new business, they will have to put a lot of their energy into getting their business off the ground. This takes a lot of time and can be very tiring. 

On the other hand, when you take over a business that is already established, you’ll be freer to focus on the areas of the business that most need your attention, aiding the growth of the business as a whole. 

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