Employment Law Frequently Asked Questions

Answers to Your Legal Concerns

At Zeff Law Firm, our lawyers represent clients in employment law and civil rights cases. While our firm offers free, no-obligation consultations, we have found that many of our clients ask similar questions. Here you will find answers to some questions you may have about discrimination and employment law.

  • Will future prospective employers refuse to hire me for filing a discrimination lawsuit against a prior employer?

    No. Refusing to hire someone because of a past discrimination lawsuit is unlawful.

  • Can I file a discrimination lawsuit when I still work for the employer?
    Yes. Discrimination lawsuits may be filed when you are denied a raise, promotion, or other privileges due to race, sex, disability, and other protected characteristics. You may also be working in a hostile work environment.
  • Will I be punished at work for complaining about safe working conditions or discrimination?

    It is illegal to retaliate against an employee for making a good faith complaint about wrongdoing, such as a dangerous condition, fraud, discrimination in the workplace. However, this is a complex area. This is why it is important to have the help of a lawyer on your side.

  • How can I prove that I have been discriminated against by my employer?

    There are a many ways to prove discrimination against an employer. Direct evidence of discriminatory comments made by a supervisor or other employees about an individual’s race, sex, national origin, or religion is the obvious one. Disparate treatment- treating other employees differently is another. We often rely on complex statistical analysis to help. But not all forms of discrimination are easily proven. Zeff Law Firm uses all of the legal tools available to help.

  • Is it possible to bring a claim for sexual harassment if I engaged in a consensual relationship with my employer?

    Yes, as long as the advance was unwelcomed by you. If you submitted to the relationship because you were afraid of losing your job or certain benefits, you may still have a case. Our attorneys can explain how the law pertains to your situation.

  • Is it possible to have an age discrimination claim if the person who replaced me is over 40?

    Yes. As long as the person is significantly younger than the employee he or she is replacing, there may be a case.

  • What disabilities are protected under the law?

    A wide variety of disabilities are covered under the Americans with Disabilities Act (ADA) including but not limited to physical limitations, psychological diagnosis, and chemical dependencies. Even if you are treated differently due to illness temporarily disability, you may be “regarded as” disabled and could be protected. If you believe you have been discriminated against because of a disability, notify your supervisor or human resources department. If you have a problem, you may want to seek the advice of an attorney.

  • Are employers required to provide an accommodation for my disability?

    Yes, so long as it does not present undue hardship. Employers are required to engage in an interactive process to determine if certain accommodations are reasonable.

  • Who is eligible for leave under the Family and Medical Leave Act?
    To qualify for FMLA leave, employees must:
    • Have worked at a job for at least 12 months
    • Worked a minimum of 1,250 hours in the prior 12 months
    • Meet the requirements for qualifying leave reasons
    • Work for a company that employs at least 50 people
  • When can FMLA leave be taken?

    You may take leave when you, a spouse, child, or parent has a serious health condition. FMLA leave may also be taken for the birth of a child or during the placement of a child for adoption or foster care.

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