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I have been working in a gym for 2 years as a trainer and before that I worked as a manager of gyms for the last 15 years. They promised me that I would be promoted to be a manager within a year. The new owner of the gym says that I am "too damn old to do the job." I am 42 years old! Is this legal?

By Deskin Law Firm
A decision maker's remarks about race, age, or gender may be an indicator of his discrimination against you. Age discrimination of those who are over 40 is illegal and his remark may be sufficient evidence of age-based discrimination for you to win a case against him.

Can Remarks About My Age Be an Indicator of Discrimination Against Me?

I have been working in a restaurant for 3 years as a bus boy. I have the experience to be a waiter. I am African American. My manager keeps calling me "boy." He seems to think that it is okay to refer to me as "boy," when none of the other white people get names like this. I think he is not promoting me because I am African American. Is this legal?

By Deskin Law Firm
A decisionmaker's remarks about race, age, or gender may be an indicator of his discrimination against you. Whether the remarks indicate a bias to promoting you depends on the decisionmaker's meaning of the term "boy." It may depend on factors like the context, inflection, tone of voice, local custom and historical usage.

Can Remarks About Race an Indicator of Discrimination Against Me?

I am an undocumented worker who picks fruit for a living. I have been taking abuse from my boss because I am from Mexico and he doesn't like that he has to hire us but he needs us to keep his costs down. Do I have rights even though I am an illegal immigrant?

By Deskin Law Firm
All protections, rights and remedies available under state law are available to you regardless of your immigration status if you have applied for employment or have been employed. Your immigration status is irrelevant.

Do I Have Rights Against Discrimination Even Though I am an Illegal Immigrant?

I am not married. I decided to have a child because if I waited to find the right man to have one with, I would not be able to have a child. My employer has fired me because I had a child out of wedlock. Is that legal?

By Deskin Law Firm
It may be illegal for an employer to fire you, or refuse to hire you because you decided to have a child out of wedlock. This is commonly called marital status discrimination. It is also illegal to refuse to grant you maternity leave because you are not married or refuse to hire single people because they are single.

I Think I have been Discriminated Against Because of my Marital Status, What Can I do About it?

I was diagnosed with cancer and the doctors have said that I have beat it. My employer won't allow me to come back to work. He says that they don't need someone that can have such an "unpredictable attendance record." Is this legal?

By Deskin Law Firm
It may be unlawful for a company to discriminate against you based on your medical condition especially with any health impairment related to or associated with a diagnosis of cancer, for which you have been rehabilitated or cured based on competant medical evidence.

Have you been discriminated against based on your medical condition?

I workout and enjoy looking good but I did I do it for me. I work as a front receptionist in a real estate office. They want me to wear short skirts that show my buttocks and portions of my thighs. Can My Company Require Me to Wear Clothes That Are Sexually Provocative Even If I’m Uncomfortable In Them?

By Deskin Law Firm
The law says that grooming standards or appearance codes that are intended to be sexually provocative and tend to stereotype women as sex objects such as requiring a female to wear a uniform that reveals portions of her thighs and buttocks may constitute sex discrimination.

Can I be Required to Dress in Sexy Clothes at Work?

I am a female flight attendant. I gained 7 pounds over the winter and was asked not to come back to work until I had lost all 7 pounds. My employer said it negatively impacted my interaction with my customers. My male colleague that flies the same route as me gained 10 pounds and can barely fit down the aisle and is still working. Have I been the victim of sexual discrimination?

By Deskin Law Firm
The law states that discrimination may have occurred when an airline’s policies impose strict weight restrictions on female flight attendants, but no similar restriction on male employees who performed the same or similar functions because it imposed an "undue burden" on the female flight attendants.

Do I Have to Tolerate Discrimination Based on my Gender?

I work in a café and they require all the women to wear makeup and bows in their hair. Even though both the men and the women have to uniforms, only the women have to do something more with their hair and face. I think this extra burden on the women is discriminatory. Is it against the law?

By Deskin Law Firm
Many employer’s have what they call a “Personal Best” grooming policy where they require their male and female employees to wear the same uniforms but differentiate between the men and women when it comes to hair, hands and face. Men may not be permitted to wear makeup and might be required to have their hair short while women might be required to wear eye and face makeup. If the "requirement" is imposing an undue burden on the woman as to time and cost to comply and the policy was created to make people conform to sexual stereotypes, then it may be discriminatory.

Is Requiring me to Dress my "Personal Best" Sexual Discrmination

My work is important to me but I am stressed out and considering turning in my resignation or filing a sexual harassment suit. I have been working in a completely hostile environment where a few people have slept with the bosses and received favoritism as a result and the rest of the hospital is furious. I am a surgeon and people’s lives are at stake. It has made getting my work accomplished a living hell. Do I have any recourse?

By Deskin Law Firm
The law says that favoritism by itself is not "discrimination based on sex" because all other employees are equally disadvantaged. However, when sexual favoritism creates a hostile work environment, then that is another matter. If favoritism based upon the granting of sexual favors is widespread in the workplace, both male and female co-workers who do not welcome this conduct can establish a hostile work environment which may constitute discrimination even if they themselves were not the target of any favorable treatment as a result of the sexual favors and whether or not those who were granted favorable treatment willingly bestowed the sexual favors.

What can I Do About Hostile Work Environment?

My colleague has an anger problem and while he has never laid a hand on me he called me a “bitch” the other day. This is highly inappropriate to say the least but I was curious as to whether it was illegal or if I had any recourse? At the least want it to stop!

By Deskin Law Firm
If the word “bitch” is directed at a particular woman, it does not show discrimination at women in general, just anger at you. If he stated that “women are bitches” then it shows sexual discrimination toward women and it may be actionable.

Can an Employer Speak Derogatively about a Group of People Based on their Sex, Race, Religion, or National Origin?

I am an Engineer. When I started my job, I was keeping my feelings under control. Society has since become more accepting of transsexuals and I found that I would experience less stress if I did not have to hide the fact that I am a transsexual so I simply identified myself as such. That is all. My boss subsequently fired me saying that my revelation and my flamboyant behavior interfered with the focus of the office. Is that legal?

By Deskin Law Firm
The law states that adverse employment actions based on gender, or stereotypes connected with gender, are unlawful. If an employee was discriminated against because of behavior and appearance that the employer felt were inappropriate for a male, or simply because the employee revealed himself to be a transsexual, then discrimination may have occurred.

Can I be Discrminated Against Beause I am a Transexual?

I applied for a job at a photo lab and was told by the employer that he had had trouble with "my kind" before. My mother is Middle Eastern and my father was from South Africa so I am not sure what kind that is. Can An Employer Refuse To Hire Me Because He Has Had Bad Experiences With "My Kind" Before?

By Deskin Law Firm
The Law says that discrimination is prohibited if it is based on the country of an individual’s birth. Because it is not uncommon for individual’s to come from mixed ancestry, the law states that since the law prohibits discrimination on the basis of national origin, national origin should be understood as meaning the birthplace of individuals or their ancestors, as well as display of the physical, cultural, or linguistic characteristics of a particular national group. Hence, discrimination is prohibited if based on the country of an individual’s birth, his or her ancestry or his or her membership in a collective nationality group.

What Constitutes National Origin Discrmination?

Am I Being Discriminated Against If An Employer Refuses To Hire Me Because My Spouse Is Middle Eastern?

By Deskin Law Firm
People are protected from being discriminated against based on their race. The law also protects those people that are associated with those in this protected class. As a result, the protections against race and color discrimination extend to persons associated with a member of the protected class. If employers failure to hire an individual was motivated by the individual’s interracial marriage, then discrimination may have occurred.

Can my Employer Discriminate Against Me Because of My Choice to Marry Someone of a Different Race, Religion, or Physical or Mental Disability?

I speak English on an assembly line as I build cars and understand how important communication is between myself and the other people around me. I work with mostly Spanish speaking people and we usually speak in our native tongue when it is not important that everyone understand what we are saying. Can My Employer Fire Me For Speaking Spanish To My Colleagues During Lunch Break?

By Deskin Law Firm
The law states that an employer cannot force their employees to speak English at all times in the workplace unless there is a business justification. Business justification means that a situation exists where requiring everyone to speak English is necessary to the safe and efficient operation of the business and no alternative practice will accomplish the business purpose equally as well with less discriminatory impact. However, employer rules requiring employees to speak English at all times may constitute discrimination based on national origin because non-English speakers cannot enjoy the privilege of conversing on the job if conversation is limited to a language they cannot speak.

Can You Tell Me More About National Origin Discrimination?

My employer fired me claiming I was not fulfilling my duties properly because I could no longer move boxes in the warehouse were I had been working. I was pregnant at the time and I had told my boss that my back was given me problems but I was still showing up to work everyday.

By Deskin Law Firm
The law states that failing to accommodate a pregnant employee’s request for transfer to less strenuous or hazardous duties may constitute discrimination, especially if her health care provider advised her to have less strenuous conditions for her employment.

In fact, a woman can sue for pregnancy discrimination even though she not pregnant at the time of the discriminatory act. A woman cannot be discriminated against because of her capacity to become pregnant.

Is My Employers Reaction to my Pregnancy or the Fact that I have a Child Considered Discrimination?

I am wheelchair bound and I have had great difficulty getting to and from work because there is no ramp at the entrance to the building. I have mentioned this over and over to my superiors instead of a ramp they have bought me lavish lunches and tickets to sporting events. I don't need these things, I need a ramp to get into work safely. Is it legal to repeatedly deny my request?

By Deskin Law Firm
It is prohibited by law and considered to be discriminatory to fail to make reasonable accomodations for the known physical or mental disability of an applicant or employee.

Is my Physical or Mental Disability Protected from Discrimination?

A temporary agency placed me in a job with one of their clients. Their client made me work long hours and did not pay me overtime and then to top it off, he said that I was "a lazy white person." Both the client and the temp agency are pointing the fingers at the other. Who do I turn to to deal with my overtime and discrimination claims?

By Deskin Law Firm
The law says that where one employer sends you to do work for another employer, and both have the right to exercise certain powers of control over you, that you may be held to have two employers. In such cases, you may look to either or both employers for discrimination and overtime claims.

Which one of my Employer is Subject to Discrimination Laws?

I responded to an advertisement inviting only Jewish teachers to apply for an open teaching position at a Synagogue. I am Chrisitan and applied anyway because I believe this practice of restricting who can apply to be discriminatory. Are discriminatory practices in advertising illegal?

By Deskin Law Firm
It is unlawful for any employer to print or publish any notice or advertisment stating a preference, limitation, specification or discrimination based on a protected classification EXCEPT where that advertisment involves a qualification that is an objective and absolute qualification for the job for purposes of religion, sex and national origin only.

I Noticed an Advertisement that States a Discriminatory Preference, What Can I do About it?

I felt that my employer was descriminating against me by not giving me a promotion after working in my same position for 10 years. I'm over 60 years of age and a man 20 years my junior was given the position instead. I complained to the owners of the company and found myself demoted to an even lower place on the totem pole three weeks later. It seems I'm being retaliated against. Is that legal?

By Deskin Law Firm
An employer may not take any adverse employment action against an employee who has let it be known they oppose a particular practice engaged in by their employer when such practice has been declared unlawful as in age discrimination to those over 40 years of age. An employer may not retaliate against an employee who has made a charge that they have discrminated, testified, or assisted or participated in any manner in any investigation, proceeding or hearing of a discrimination case.

Can my Employer Retaliate Against Me?

My employer would not give me a reference for a new position. He always had a hard time with me and all women who worked under him. Is it legal for him to refuse to refer me to another employer or to bad-mouth me when the new employer calls for a reference?

By Deskin Law Firm
It may be illegal for your past employer to refuse to refer you for employment or to say things that are not true about you if he is doing so because you are a woman. Discrimination is prohibited against protected classes of people based on your race, color, sex, religion, or national origin.

What Other Factors Should I Consider to Determine if I am Being Unlawfully Discriminated Against?

I work under a union contract in the movie business. I am a Republican and everyone else is a Democrat. Otherwise, everyone I work under is White. It seems crazy but my senior union member is discriminating against be because he doesn't like my political beliefs. He won't train me so that I can enter a better position. Is this legal?

By Deskin Law Firm
Limiting admission to, or employment in, any program established to provide apprenticeship or other job training is illegal if you are a member of a protected class that is being discriminated against. You have mentioned that you are white and so is your senior union member and that he is discriminating against you because you are a Republican. If the senior union member limited admission to any program established to provide you training because of your race, color, religion, sex or national origin it would be illegal.

Can my Employer Limit my Growth by Refusing to Allow Me to Get Job Training?

I started out at a lower rate when I got the job and I was not given pension benefits. I didn't know any better when I was hired. My co-workers have gotten raises each year and they have a 401(k). I think I deserve them too. Is this legal?

By Deskin Law Firm
Denying you of a term, condition or privilege of employment is cause for a discrimination case but the reason for not giving you these benefits must be because you are in a member of a class of people that is protected. So, if you are being discriminated based on race, national origin, color, sex, or religion and therefore not being given the benefits that your coworkers are getting, then you may have a case.

Can Not Being Given a Raise Be Illegal Discrimination?

My supervisor has told me that I have no future with the company and can't count on getting another raise. He doesn't like me because I am a woman and I am getting more praise from our manager that he has ever gotten. Is this illegal?

By Deskin Law Firm
If your employer intentionally causes or knowingly continues to create an objectively intolerable working conditions, you may have a discrimination case against him for constructive discharge. If a reasonable person would feel compelled to resign because their employer intentionally caused objectively intolerable working conditions or knowingly allowed them to exist.

Are your Working Conditions Considered Intolerable and Discriminatory?

My employer got mugged by a Latino man and lately he has been openly hostile to me. I am Latino, but I have worked for him for 2 years, so I do not know why he is taking it out on me. Is this legal?

By Deskin Law Firm
If your employer intentionally causes or knowingly continues to create an objectively intolerable working conditions, you may have a discrimination case against him for constructive discharge. If a reasonable person would feel compelled to resign because their employer intentionally caused objectively intolerable working conditions or knowingly allowed them to exist.

Are your Working Conditions Considered Intolerable and Discriminatory?

I am African-American and have been working for my employer for 3 years. Many new people have been hired over time, White, Latino and some African-Americans. It seems like the managers in the store are all White. I have applied for a Manager position a few times and have been told "No" in a very friendly way, but I have more experience than most of the people that get management positions. Is this legal?

By Deskin Law Firm
Your employer cannot refuse to promote you simply because you are African-American. Failing or refusing to hire you or refer you for employment or firing because of your race, color, religion, sex or national origin is illegal.

In addition, discriminating with respect to your compensation, terms, conditions or privileges of employment is also illegal.

Is Your Employer's Conduct Unlawfully Discriminatory?

I work for an American Indian tribe. I am white. I am the only white person that they have hired. Many of my friends have applied to work for the tribe but they simply refuse because the people are not American Indian. Is that legal?

By Deskin Law Firm
Discrimination law applies to American Indian tribes if the business that your friends are applying to work for is a corporation owned by the tribe. An unincorporated Indian tribe is exempt from discrimination laws.

Is My Employer Subject to Anti-Discrimination Laws?

I have been working for a company for three years and they have me on the payroll as an independent contractor. It seems like they should be paying me benefits and social security, but they are not. When I got pregnant, they started hinting at laying me off. Is that legal?

By Deskin Law Firm
Discrimination laws require there to be an employment relationship for them to apply. That is different than an independent contractor relationship. But just because your employer calls your relationship an independent contractor relationship, does not mean that your relationship really is not an employee/employer relationship.

Some of the factors to consider in determining the nature of your relationship are:
- how much control your employer has over the means and manner in which you do your work,
- how long you will be working for the company,
- who owns the tools (computer, desk, etc.) that you use to do your work,
- where you are working (at home or at their office),
- the extent of your discretion over when you work and how long your hours are,
- how your employer pays you,
- if your employer pays you benefits, and
- whether your employer pays part of your taxes.

Are you an Employee or Independent Contractor?

I replied to an internet employment ad on craigslist. Among other things, the application requested my gender and age. Is this legal?

By Deskin Law Firm
Discrimination law does protect the rights of applicants. It can be against the law to ask specific questions about gender, age, race, national origin, medical history, workers compensation claims and other protected areas.

Am I Protected Against Discrimination Just For Applying for a Job?

I am 52 years old and I have been laid off from my job. I earn more than most employees in my position. Can I sue my employer for employment discrimination for firing me?

By Deskin Law Firm
There is often a correlation between higher pay and age, so the fact that highly paid employees are treated adversely does not itself prove age discrimination. Employers can make business decisions based on other factors - like terminating employees because of seniority or high pay - even though this may affect more people who are older, if there is no intentional age discrimination. But the employer cannot have a hidden agenda and lay off people with more experience or higher salary just for the purpose of laying off older workers. See Slather v. Sather Trucking Corporation (8th Cir. 1996) 78 F3d 415.

Did my Employer Lay Me Off in a Way that is Considered Unlawfully Discriminatory?