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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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Hooks for industry – what do you need to know

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Construction Machine

In construction, we often find ourselves faced with the need to lift or move very heavy materials and, to this end, the role played by cranes is fundamental.

It should not be forgotten that in order to operate a crane it is essential to be in possession of a crane operators licence and, to do so, it is necessary to be over 18 years of age, pass a medical examination, have a compulsory secondary education diploma, pass a theoretical-practical course given by professionals in the sector, as well as concluding this training with a final examination.

One of the main parts of a crane is the hook, which makes it easier to hook heavy parts safely.

It is important to emphasize that the hooking of these materials must be carried out correctly following an exhaustive protocol since the detachment of these materials can cause very serious and even lethal damage and injuries. This is why these hooks require periodic revisions to check the conditions in which they are, since if they show deterioration or possible cracks, it would be necessary to replace the hook since it is not possible to work with damaged hooks.

The construction sector is very important all over the world, especially for all kinds of commercial and personal projects. The machine par excellence to carry out a work of great calibre is the crane, thanks to all the benefits and advantages that it leaves with it, such as the speed and the possibility of moving heavier elements thanks to the crane hook.

As in everything else, there are different more specific equipment depending on the type of material to be used and the size of the load itself. Therein lies the importance of the hook, which is in charge of ensuring that this material can reach its destination in the best possible way and without causing accidents along the way.

It is the companies contracted for the construction of the infrastructure themselves that are in charge of renting this type of vehicle or, in some cases, if they already have their own, they can save a large amount of money. The heaviest ones can even exceed 40 tons in weight.

What kind of materials can they transport? From pictures, screens, lifts, air conditioning and even essential elements for the assembly or disassembly of various heavy objects, which humans can not manipulate by their own.

However, not everything is as simple as having one of these machines and getting into the cabin. The engineer who is responsible for driving it must be well prepared and have advanced knowledge of what he is doing. No one wants all the work to be thrown overboard by one simple mistake, hence the importance of this person.

In the same way, the fact that all the contracted team is made up of professionals can reduce both the risks and the total costs that are going to be carried out and, if all this were not enough, you will also be making sure that the machinery will be handled successfully and the final work will obtain a better result.

The expert gets a very clear function, review the existing working conditions and know what kind of equipment and material is necessary to meet the needs of the client.

It should not be forgotten that in order to operate a crane it is essential to be in possession of a crane operators licence and, to do so, it is necessary to be over 18 years of age, pass a medical examination, have a compulsory secondary education diploma, pass a theoretical-practical course given by professionals in the sector, as well as concluding this training with a final examination.

Other option is the Elebia auto hooks for industry, that is the automatic hook. This is an innovative hook. It is a device that allows unloading remotely without the need for manual presence of any operator. It has a magnet, sibil lock, which blocks the rotating part avoiding the possibility of loosening.

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ILMAP leads the way in quality for all types of water management hardware

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water management

For over 50 years ILMAP have been developing and refining the technology and materials used in the installation and management of water management. Using the wealth of experience gained through all those years in the field, they have been able to build a wide range of products that meet a huge range of specifications.

Specialising in nozzles, traps, collectors and other accessories, their products have a wide range of application across the production of drinking water and demineralized water, treatment of waste water and filtration and water treatment  for the pharmaceutical and food industry. With so much experience and innovation ILMAP is one of the leading filter nozzle manufacturers in the world.

Filter nozzles for water treatment for industrial and residential uses

Specialists Ilmap – Filter Nozzles Made in Italy provide a wide range of water filter nozzles  and nozzle strainer for water treatment.

Across industrial applications, the products cater for a variety of industries, including electricity  power generation, chemicals and pharmaceuticals, the food and beverage industry and the agricultural sector. But is also developed for domestic uses, such as in home swimming pools, irrigation and water softening filters.

Application can range from industrial water treatment and waste water treatment to water purification and ion exchange systems, all with the highest quality and safety at the forefront of development.

Parts are produced by state of the art modern injection moulding machines, known for reliability  and high standards of finish. Customers are always at the forefront and ILMAP prides itself on offering the best in customer service. With more than 700 m2 of warehouse, supply is assured and delivery procedures set to fixed lead times, so work can be planned accordingly.

It is not only nozzles, ILMAP also produces resin traps that guarantee effective protection against material losses in your system, in materials like plastic and stainless less as required.

Quality products in the best materials for the job

ILMAP has put a huge amount of effort in the research and development of their products over the years combining experience with the latest materials and efficient production processes.

The focus has been to ensure the best quality products, with dimensional accuracy and repeatability in the production time and design. Also a key focus is compliance with standard measurement and the control of the raw materials in production. So confident in their passion for good practices, they will open their factory for both client inspections and for certification bodies to review the procedures and controls.

With a fully functional test laboratory to allow testing of the pressure drop of the nozzles and the correct certifications available, it is easy to have confidence in the products.

Independently certified for guaranteed quality

All products are manufactured with top quality materials purchased from leading suppliers. Polypropylene, PVDF, ABS and masterbatches used are certified by the manufacturer for contact with drinking water according to the main current world regulations.

Even once the raw materials have entered production, and so the raw material certification becomes invalid, the final products are also audited at authorised laboratories gaining the following certifications:

ITALY – D.M. 174 del 06.05.2004

FRANCE – ACS Certification

UNITED KINGDOM – WRAS – BS 6920 Approved Material

“Suitability of non-metallic products for use in contact with water intended for human
consumption with regard to their effect on the quality of the water”

EUROPE – Food Safety Regulation – (EU) 10/2011 & 1935/2004 EC

“materials and articles intended to come into contact with food”.

All offering reassurance for the purchaser in the standards that are applied, especially where the products come into contact with potable water. It is very important for any company involved in the purification or management of water to ensure that their suppliers follow these standards, and ILMAP are well prepared to meet them as part of their core principles of manufacturing.

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Dawn Ellmore Employment reviews the shock defeat for McDonald’s as it’s stripped of its ‘Big Mac’ EU trade mark

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mc donalds europe EU

For more than half a century McDonald’s has been a recognisable brand in just about every country you can think of. According to its website, the chain has restaurants in 101 countries. Its 36,000+ restaurants serve around 69 million fast food fans every single day.

With stats like this, and McDonald’s easily recognised by just about anybody, the recent EU trade mark ruling has surprised many. McDonald’s has just lost its EU trade mark for the Big Mac in what is dubbed a ‘David and Goliath’ battle with a small Irish chain.

How did McDonald’s lose its Big Mac EU trade mark?

When Supermac’s took on the might of McDonald’s in a trade mark battle, it was assumed by many that the smaller chain would lose. While Supermac’s may not be a household name in the UK, however, it’s much loved in Ireland.

Now the largest fast food chain in Ireland, Supermac’s began in 1978 and today has more than 110 franchises and restaurants all over the country. Founded by Pat and Una McDonagh, it was named after his nickname, ‘Supermac’ when he played Gaelic football. They also own Claddagh Irish Pubs & Restaurants through Supermac’s Ireland Ltd.

The EU trade mark battle

Supermac’s has been locked into an ongoing fight with McDonald’s since 2015, when it announced plans to expand into the EU and UK. McDonald’s initially objected to Supermac’s registering a number of trade marks for products and its name. They argued that the names McDonald’s and Supermac’s are too similar and would cause customer confusion. McDonald’s further argued that the Supermac’s brand name is visually too similar to their trade mark.

Supermac’s responded by pointing out that they had happily traded at the same time as McDonald’s in Ireland for more than 30 years with no signs of confusion on the part of customers.

Initially, McDonald’s won a part-victory when the European Union’s Office for Harmonisation in the Internal Market (OHIM) decided that Supermac can continue to trade in its own name within the EU. However, it rejected the Irish company’s trade mark applications for various products and menu items, saying that consumers might “be confused as to whether Supermac’s is a new version of McDonald’s”, given that there are near-identical products sold by both restaurant chains.

Revoking McDonald’s EU trade marks

In January 2019, the European Union Intellectual Property Office (EUIPO) made a decision that allows victory to Supermac’s after all. By ruling that EU trade marks owned by McDonald’s are to be revoked, Supermac’s is clear to expand into the rest of the EU.

The landmark decision went into effect immediately, on the basis that the EUIPO rules that McDonald’s had failed to prove “genuine use” of its Big Mac trade mark as a restaurant or menu item.

Unsurprisingly delighted, Pat McDonagh says: “Never mind David versus Goliath, this unique landmark decision is akin to the Connacht team winning against the All Blacks. This is the end of the McBully. Just because McDonald’s has deep pockets and we are relatively small in context, doesn’t mean we weren’t going to fight our corner.”

How the fight played out

In April 2017, Supermac’s requested that the EUIPO cancel McDonald’s trade mark for ‘Big Mac’ and ‘Mc’. The chain also accused the US giant of “trade mark bullying” by registering and gaining protection for names, but not actually using them to stamp down any potential competition.

On its part, McDonald’s legal representatives provided signed affidavits from high level executives and showed examples of packaging and adverts to demonstrate it serves Big Macs right across the EU, and therefore deserves to retain the EU trade mark for that specific product.

However, the EUIPO deemed this “insufficient” in its judgement. As trade marks are registered at national level and at the EU, McDonald’s does not lose all of its protection for the Big Mac. They also have the right to appeal, which we suspect they are likely to do.

Supermac’s forges ahead

For Supermac’s, all eyes are on the future. Mr McDonagh says: “This now opens the door for the decision to be made by the European trade mark office to allow us to use our SuperMac as a burger across Europe.”

A representative from EIP, an intellectual property law firm, Carissa-Kendall Windless, says: “This decision is a significant one, partly because it serves as a warning to multinational companies that they can no longer simply file trade mark applications without a genuine intention to use it”.

It’s inevitable that McDonald’s will exercise its right to appeal, and it will be interesting to see how this David and Goliath battle goes on this year.

About Dawn Ellmore Employment

Dawn Ellmore Employment was incorporated in 1995 and is a market leader in intellectual property and legal recruitment.

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