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Do I Need an Attorney for Discrimination?

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What Constitutes Discrimination?

Discrimination generally refers to the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.

Do I Have a Basis for Housing Discrimination?

Many states have protections codified in their state legislative codes outlawing housing discrimination. In California, for instance, it is illegal for one to discriminate against someone in housing matters on the basis of race, national origin, religion, sex or disability.

Do I Have a Basis for Employment Discrimination?

Likewise, it is common in many states for there to be prohibitions of discrimination in matters of employment codified in state legislative codes because discrimination in employment, as in housing, violates public policy. Anti-discrimination labor laws are often more extensive at the state level than at the federal level. For instance, it is illegal for an employer to discriminate against an employee based on the employee's weight in Michigan.

Do I Have a Basis for Governmental Agency-Related Discrimination?

A government is limited by the United States Constitution and the Code of Federal Regulations from passing laws or enacting regulations that have a disparate impact or disparately treat members of one group differently from non-members.

  • Disparate Impact – For instance, it is common for employees to take placement tests to qualify for promotions in certain government positions which permit one group of applicants to do well on their tests and be promoted, and allow another group to perform poorly and not be promoted.
  • Disparate Treatment – If a regulation specifically requires members of one group to undergo certain negative treatment, while permitting non-members to be free from all such negative treatment.

Legal Obstacles That Might Prevent a Claim

The main challenges for one seeking to redress federal discrimination grievances in court is that the case may be outside the jurisdiction of the federal court. Federal courts may determine that the case cannot be heard because it is moot, or is no longer a justiciable issue. Other reasons may prevent your case from being decided by a federal court.

Should I Contact an Attorney?

Since individuals wishing to bring their discrimination lawsuit must first exhaust all of their administrative remedies, it is advisable for employees to consult with a qualified legal profession experienced in discrimination statutes. An experienced employment attorney can assess the best legal strategies to employ while taking into account the relative monetary worth of each asserted claim.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 05-24-2018 01:00 AM PDT

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