On today's episode of the Legal Zone we have another amazing episode where we tackle #employmentdiscrimination. With us today is Abdul Kargbo, an addiction counselor. He's here to discuss his legal matter where he was terminated from his position as a social worker. Join us as we discuss his termination and subsequent lawsuit due to not being from the same culture as new employees being hired.
What is Employment Discrimination?
The overall law concerning employment discrimination is that: Employers may not harass or discriminate against employees on the basis of:
- Race
- Color
- Religion
- Sex
- National Origin
- Age (40 or Older)
- Disability
This means employers cannot hire, refuse to hire or fire OR TREAT AN EMPLOYEE DIFFERENTLY because of any of these 7 things.
But it doesn't stop there, once the employee shows this, then the employer can then present evidence to justify why the employee was fired. More often than not, the employee has committed some kind of undesirable behavior that is now exaggerated to justify the termination or mistreatment.
There are certain steps Before you can file a suit, you must file a charge with the EEOC or Equal Opportunity Commission There are time limitations - Anywhere from 180 to 300 calendar days.
Proving your case is not an easy task. Why?
One Reason is at-will employment.
What is At-Will Employment?
At-will employment means that an employer can fire an employee at "any time, for any reason." But not really. Not for one of the reasons listed above. But how do you prove you were discriminated against for one of the reasons listed above and not anything else?
The McDonnell Douglas Framework
Under the McDonnell Douglass framework, an employee must:
- First present evidence that he/she is a member of a protected class.
- Second, show that he/she suffered an adverse employment action.
- Lastly, must show that they were replaced by a worker who is not a member of a protected class.
Video Participants:
Attorney John Salatti
Dr. Arlena Cheney
Attorney Solon Phillips
Abdul Kargbo
-----
Schedule a Legal Consultation
If you'd like to send #thelegalzone questions, comments or are interested in becoming a guest, email us at thelegalzone@remuslaw.com.Remus Law Group gives your legal matter the attention it deserves.
The attorneys at Remus Enterprises Law Group pride themselves in possessing the art of telling a compelling story.
With over 30 years of experience, the attorneys at Remus Enterprises Law Group provide skilled guidance on matters related to #familylaw, #familylitigation, #realestate, #business #corporatecompliance, #civilrights, #civillitigation, #medicalmalpractice, #personalinjury, #birthinjury, #slipandfall, #workerscompensation, and other areas of law.
We represent clients in all areas of law in Washington D.C, Maryland, Alabama & Washington State and while we take on a wide variety of cases, we make sure that each and every client receives detailed attention.
Visit our website at remuslaw.com or call us at 1-833-329-1799 to schedule a free consultation to learn how we can accomplish your legal goals and the official page of Solon Phillips.
Founder and Managing Partner
Solon Phillips, Partner of the General Litigation Group at Remus Enterprises Law Group, is an experienced legal professional with extensive experience working in large law firms while devoting much of his spare time in volunteer work in public service.
...
