Employment discrimination Archives

Can a court grant summary judgment in a discrimination case prior to discovery?

As a general rule, summary judgment is appropriate only “after adequate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “[S]ummary … Continued

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Several federal and state anti-retaliation laws prohibit an employer from retaliating against an employee on account of the employee’s testimony or assistance in an investigation. … Continued

Are there any time limits on when I must file a charge of discrimination?

If you’re filing a lawsuit under Title VII, you must first file a complaint on discrimination with the EEOC. Generally, you must file that … Continued

Are there hiring requirements that apply nationwide or statewide?

There aren’t necessarily human resources, policies, and procedures that apply to employers nationwide. There are, however, a number of different anti-discrimination and anti-retaliation … Continued

How do I make a discrimination or harassment complaint?

The first way is to check with your company’s HR policies and procedures, and often times they will have a process that you’re … Continued

How do I prove employment discrimination occurred?

Typically, there are two ways in which you can prove an employment discrimination case. The first is with direct evidence. These types of … Continued

How does the EEOC prove discrimination?

The EEOC will take a look at the complaint that you file with them and see what information you’ve got to prove that … Continued

I think I was discriminated against at work. What should I do now?

If you think if you’ve been discriminated against at work, there’s really three main things that you should do. First, you want to … Continued

If I complain about harassment and then am retaliated against, what rights do I have?

Most anti-discrimination laws have an anti-retaliation provision in them as well. If your employer retaliates against you, let’s say they fire you or … Continued

If I file a lawsuit, what are the various steps involved before trial?

There are a number of steps along the way after you file a lawsuit and before you get to a trial. The main … Continued

Is all discrimination unlawful?

No, not necessarily. What the federal laws require is that the discrimination be based on some protected characteristics. For example, that the discrimination … Continued

What do I have to show to prove a prima facie case of employment discrimination?

To prove a prima facie case of employment discrimination under title seven, you’re going to need to show three elements. First, that you’re a … Continued

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