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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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3 Tips For An Easy House Move

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Moving home is so exciting, right? A fresh start, a lovely new place, a new neighbourhood to explore. You feel like a little kid again – those night-before-the-move jitters and arranging all your furniture into a great new space is an unbeatable feeling. However, as we all know, moving can also be expensive and stressful. Especially with lots of furniture, children, pets and a limited amount of time, the task can feel insurmountable. Here are three tips for an easy house move.

1. Hiring Your Own Lorry

Removal companies are great if you have all your own furniture, and no way of transporting it. However if you have a partially furnished let, wherein you’ll have some,but not all of your furnishings already set up in the new property, you could hire your own truck. This will save a lot of money and will ease your move. You can hire the lorry for as long as you need it, and you can have a fun road trip all of your own!

Ensure that when you hire or buy your own lorry, you look into lorry insurance and invest in proper precautions. 

2. Asking For Help With Child And Pet Care

If you are moving with young children, dogs or cats, the move can become infinitely more complicated and difficult. If you have close friends or family who can take care of your children or pets for you, this would help your move immensely. Having to take care of small children whilst lifting heavy boxes and organising a million things at once can be a big challenge, and can even lead to accidents. Children can be overwhelmed by moving house, so it is much better to have them come to your new home when you have had a chance to organise the space and make it feel like home.

Similarly, dogs and cats can become stressed by a change in location. If the place is in disarray, the animals can become even more frightened and restless. It is better to have a friend, family or professional pet care company take care of them whilst your house move is taking place.

3. Time Off Work

Although it can feel wasteful to take holiday from work just to move house, you’ll thank yourself later for taking the time. Moving into a new house might only take one day, but the unpacking, organising and cleaning process can take far longer. If you take a few days, or even a week, to complete your move, you can return to work with a fresh slate, knowing you’ll be coming back to an organised, calm home!

Plus, this way you can actually enjoy your move, rather than treating it as a stressful nightmare! You can make the most of the new space, experiment with the layout, and truly transform this house into a home which you will be enjoying for years to come.

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3 Issues Repair Workers Are Facing During The Corona Pandemic

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It’s fair to say that the whole economy and multiple industries have taken a hit due to the coronavirus pandemic. Lockdown forced many companies to close their doors while others were forced into administration. At the same time, numerous businesses have also struggled with how to restart their respective models and get things firing on all cylinders once more. However some companies have been hit harder than others. 

Maintenance and repair workers such as plumbers and electricians are facing significant difficulties right now. Here are some of the issues that they are dealing with and the potential solutions. 

Social Distancing 

One of the greatest issues right now is that it seems social distancing is key to preventing the spread of the virus. Ultimately, this means that people are wary about being around others and potentially letting individuals into their homes. That’s a definite problem for repair workers who often require access to complete their jobs. Now, you might assume that people will call repair workers out regardless because it’s an emergency. However, a lot of time a repair doesn’t seem like an emergency and people will put it off for as long as possible. 

The challenge here is convincing customers and clients that safety can be maintained in this type of situation. More often than not, this is about ensuring that PPE is used and readily available for workers. Businesses also need to be clear about the things they are doing to keep everyone safe. 

Getting Supplies

We have seen numerous factories and businesses forced to close due to coronavirus outbreaks. The issue here is that this leaves a lot of companies unable to get the products that they need. It can cause businesses to grind to a halt, particularly plumbers and electricians that often require access to spare parts. 

Luckily, key parts such as a 3 way ball valve can still be found online and at reasonable prices. But, repair companies may still need to expand their search and look to companies that they haven’t used before to ensure that they have the parts they need. 

Financial Losses

It’s like that repair companies and maintenance workers, particularly freelancers, have sustained substantial losses over the past few months. While there has been government support to help mitigate the damage, this may not have been enough. Companies will also need to consider how they can protect their model from future damage. This does mean that they need to think about insurance options. There is insurance coverage that could potentially help if there is a dreaded second wave or a new outbreak. By getting the insurance in place now, companies like this will be able to keep their business afloat and the lights on. It could also help if the coronavirus pandemic does cause a massive economic disaster as many analysts seem to fear. 

We hope this helps you understand the challenges that these workers and businesses are facing. It’s like that many will bounce back eventually but there could definitely be some rough roads ahead before things are able to snap back into place.

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Business Essentials to Cross off Your Checklist This Year

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There are a lot of elements that you are going to need to work on when it comes to improving and enhancing your business, and this is why you have to look at the best possible business essentials. There are so many things that you are going to need to get right if you are serious about making the right changes for your business. Try to do as much as you can to improve the company moving forward, and work on taking steps to get this right. 

You are going to need to focus on doing as much as possible to make a difference to your business right now. There are a lot of things that play a part in taking things to the next level for your business. And you have a lot you need to consider when trying to achieve the best success you can. Here is a checklist of some of the top business essentials you need to be crossing off this year. 

Improve Your Efficiency 

Improving your efficiency as a company is one of the most important things you can do, and this is why it is so important to make sure you focus on getting this right as much as possible. You are going to have to focus on doing what you can to get your company operating in a more efficient manner, and there are a lot of things you can do to help you achieve this. Look at things like outsourcing and trying to digitize the business as much as you possibly can. 

Bolster Your Security

Business security is so important for protecting the future of the brand, and this is something you are going to have to get right as much as possible. Now, these days, it is so important to make sure you think about the threat of cybersecurity, as this is something that can cause problems for your business. So, you need to make sure you look at what you can do to improve your company’s cybersecurity and guard against cybercrime and online attacks that could harm your business. 

Look for Value

You need to make sure you look for value wherever you can find it, and this can make a huge difference to the way the business comes across. There are a lot of elements that play a role in being able to get this right as much as possible and you have to consider where you can source value as a business owner. For example, looking at things like used agricultural machinery is an excellent way of being able to find and make the most of value in the modern business world.

Hire the Best Talent

Hiring the best talent for your business is also something you need to sort out right now. There are a lot of tips and techniques you can use to help you here, and having a strong hiring policy will really help you out. This is one of the most important elements that you are going to have to keep in mind right now, and it will help you to make the best decisions as a business owner right now. 

You need to have an idea in mind of what you can do to make the best possible business decisions right now, and take things to the next level. There are a lot of decisions that need to be made, and this is something that plays a big part in that process as well. Do what you can to focus on improving the business by making sure you look at these essentials as much as possible. 

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