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Each Employment Discrimination case is different. That is why you must contact an attorney to see if you have any rights. But all Employment Discrimination cases share some common traits. This Article discusses some of those traits.

To prove an Employment Discrimination case you must show several things. First, you must be able to show that something bad happened to you in your employment. This can be as simple as being fired, not receiving a promotion or not being hired for a job. Or it can complex like not given the proper training to complete the job, not being given the opportunity to apply for a promotion or not being treated the same as others in the same workplace. This “bad treatment” (Employment Discrimination) does not have to be one single event. It can be a series of events which happen over time. Take, for example, sexual harassment. You can sue for sexual harassment if a person makes sexual or other unwelcome remarks to you not once, but over several years or months. The sexual harassment is an ongoing “bad treatment.”

After you can show you have had some “bad treatment” you need to show that this “bad treatment” in your workplace was because of some “illegal reason.” What this means is that the person who allegedly discriminated against you did this “bad treatment” because he or she didn’t like your skin color, your religion, because of your sex, because you exercised your rights under the law to unionize, etc. (All of these “illegal reasons” are spelled out in federal and state discrimination laws.) If this “bad treatment” was because of some “illegal reason” then you can move on to the next step. But, if the reason for the “bad treatment” was because of your hair color, because you didn’t get along with everyone or because you weren’t performing in your job then it is unlikely you can succeed in your employment discrimination case.

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However, if your employer claims you received this “bad treatment” for a “legitimate business reason” (or lies about the treatment or the reason for the treatment) then the situation become more complex. If an employer can offer a “legitimate business reason” for the treatment, and it is true, then you will lose your Employment Discrimination case. (An example of a “legitimate business reasons” is that you are not qualified for the job.) But if the “legitimate business reason” is just a cover-up for some “illegal reason”, a “pretext,” then you have to prove that this “legitimate business reason” is false when you prove your case in court. That is, you have to prove this “pretext” (the cover-up) is false and the real reason for the “bad treatment” is the “illegal reason” not the “pretext.”

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NOTE: This is where it becomes complex to determine whether the reason for this “bad treatment” was because of some “illegal reason” or not; and this is where an attorney can help. There are a lot of laws which provide illegal reasons for “bad treatment.” If an employer violated one of these laws then you can sue them, if an employer did not then basically you can’t.

The next step to proving your Employment Discrimination case is proving that you fall in a “protected class.” Being in a “protected class” just means that you were a person that is supposed to be protected when Congress, or your state Legislature, wrote the discrimination law. For example, to file a suit under the Americans with Disabilities Act you must have some sort of disability to be in the “protected class.” Most people usually fit into the “protected class.”

There are also several other things which you may have to prove in your case. These depend on what type of case you have. For example, if you are trying to say you were not hired because of your race for a job, you must prove that you were qualified for the job. Further, you would have to prove that the job was still open after you applied for it. These other requirements vary from case to case and depend on which law you are suing under.

One of the most important aspects about Employment law is, however, that you must see an attorney almost immediately after you think you have been discriminated against. The law allows only a very short amount of time to file a lawsuit before you are prevented from succeeding in your lawsuit. If you have a federal employment claim you must notify the EEOC within 180 days of the “bad treatment.” If you do not you are generally forever barred from filing a lawsuit.

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A lot of people are very curious about what they could recover if they are successful in their lawsuit. Generally, if you are successful in your suit you might be able to recover the following:

Back Wages (money you would have received if you had worked for the company the whole time up until the time of your trial);

Front Pay (money paid for theoretically working for some time in the future–for example two years salary);

Consequential Damages (money for just being discriminated against);

Punitive Damages (money received because the court decided to punish the company for discriminating against you); and

Attorneys’ Fees (money usually paid to your attorney for working on the case).

Employment law is a complex area of law. It generally requires professional legal help. But if you had to sum up Employment Discrimination in a sentence or two it would basically be this: If you have been received “bad treatment” in your workplace because of some “illegal reason” then you might have an Employment Discrimination case. But, remember you must have received this “bad treatment” because of the “illegal reason.”

——————————————————————————–

Courtesy of:
The O’Neill Law Office
Norristown, PA
(610) 635-5555
http://www.reolaw.com
Copyright 2000

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A Woman s Touch

My elderly aunt had to be in the hospital for an extended time. When I went to pick up my uncle, I glanced around their house. I could tell she hadn t been there for a few days. He washed dishes and straightened up a little, but it just wasn t the same.

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The Bible tells women to look well to the ways of their households . I m not undermining the jobs of men, because they are certainly important. But when it comes to the home, there s nothing like a woman s touch.

Our families are healthier and happier when we do our job at home, and realize the importance of it. Nutritious meals, a neat and clean home, and regular routines contribute to the well-being of our families.

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Let s thank God for our gift of homemaking, and take pride in that important job!

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By Jessica Gerald
http://www.ladiesministryonline.com

About the Author

None

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Hodgepodge thoughts regarding Justice

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I think you will agree with me that Hitler and his Nazi party stand out as one of the most repugnant memories in the annals of history. The question I raise is this: Were the nations that condemned the Nazis at the Nuremberg trials justified in rendering justice? Now before you question my sanity, please read the following lines patiently. If positive law philosophy and macroevolution (theory that holds to the idea that all varieties of life forms emanated from a single cell or common ancestor. ) are the highest law by which to bring condemnation upon another human being or sovereign nation, then all sovereign nations have the right to do good or do evil, and no other sovereign nation can hold the other accountable for its perceived crimes. Follow me. This gets clearer.

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As social Darwinism and nationalism merged in Germany during the early twentieth century, the concept of fostering a genetically superior race called the Volk (the people) was established. The idea of the Volk was extended to various biological analogies, shaped by the contemporary beliefs of heredity, and designed to protect Germany from racial inferiority. The German s were trying to perfect eugenics, the science that investigates methods involving the betterment of the genetic composition of the human race. (In this case the Aryan race.) One of their goals was to eliminate the inferior races and offspring and preserve the better progeny. (This method is perfectly consistent with macroevolution and central principle, the survival of the fittest.) Nazi Germany figured if they could win the war and purge the world of Jews and other undesirables, they could rule the world as a revived Roman Empire to last a thousand years.

Again I ask you: Can America, or any other country, charge German officials with crimes against humanity? Especially since Germany felt it had a national obligation to achieve genetic purity? The research being conducted at the death camps was in accordance with Nazi law, and Nazi law defined what was right and just in a word, what was legal. Dr. Geisler, in his book that he co-authored with Peter Bocchino entitled, Unshakable Foundations (Bethany House), makes a sobering and poignant comment that s worth repeating here. He writes, As long as naturalistic macroevolution and positive law are the dominating scientific and legal viewpoints both in theory (education) and in practice (law), we run the risk of returning to one of the darkest eras in the history of the human race. If we continue teaching our children that the law of the state is the highest law in the universe, and man is simply a product of natural selection, then we are doomed to repeat the evils of the past.

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I believe that national governments of all countries are responsible to God and its citizens to discover and protect human rights. However, positive law proponents disagree. They believe that nations and their governments create laws. In light of history, this is a dangerous philosophy to embrace. Accountability, according to the Bible, is first to God and then to the state. God ordained human governments to maintain order throughout the world. Citizens are to abide by the laws of the land; however when a man s law supersedes God s law, God s people must resist it with all their might.

I conclude this hodgepodge of thoughts with a quote from Thomas Jefferson. He said, God who gave us life, gave us liberty. Can the liberties of a nation remain secure when we have removed a conviction that these liberties are the gift of God? Indeed, I tremble for my country when I reflect that God is just, that his justice cannot sleep forever.

Terry Dashner.

About the Author

Senior Pastor at Faith Fellowship Church in Broken Arrow, OK. 918-451-0270

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A Guide To The Importance of Physical Education Programs

 by: Steve Bishop

Physical activity offers a broad range of benefits, including the prevention of obesity, improved self confidence, and an overall sense of well-being. Physical education programs within the school setting can set the stage for how children view physical fitness, activity levels, and future health. Physical education programs also include general health and safety information in addition to providing opportunities for students to learn how to cooperate with one another in a team setting.

A Lifetime of Health

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The school setting provides a structured atmosphere in which to incorporate physical health activities and ideally develop healthy habits for life. Studies indicate that promotion of a healthy lifestyle taught in physical education classes can influence long-term health benefits such as reduced rates of obesity, heart disease, high cholesterol, diabetes, and high blood pressure.

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Perhaps just as importantly, physical education programs can teach students that physical activity can be fun. With a broad range of games and activities, children are exposed to forms of exercise that don’t simply involve running around a track. Games and other activities incorporate teamwork, strategy, skill-building exercises, and fun.

Nutritional Information

Physical education classes are ideal for introducing basic nutritional concepts to children. Poor eating habits are common among many children and adolescents; however, a solid foundation in healthy eating choices can help lay the groundwork for improved food choices. Children who eat regular, healthy meals consisting of a wide range of food choices concentrate better in school and are less disruptive. Healthy eating also decreases the chances of children developing serious health problems early in life and reduces obesity rates among youth and into adulthood.

Life Skills

Physical education also provides an opportunity for children to develop critical life skills, such as problem solving, strategy, and working together. Many team sports require participants to work together to achieve a goal. Children also learn the basics of good sportsmanship and that there is much more to sports and physical activities than simply winning or losing. Sports require training, mental and physical preparation, and help build self-confidence.

Mental Health

Regular physical activity has shown to have many psychological and mental benefits in addition to the physical ones. For example, regular exercise can reduce feelings of depression and anxiety and promote an overall sense of well-being. The increased blood flow during exercise transports oxygen to all parts of the body, including the brain, which can help improve memory and reasoning skills. Conversely, a lack of oxygen, which can result from not enough deep breathing, can lead to disorientation, confusion, fatigue, and memory and concentration difficulties.

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