In today’s down economy, there is a fear that employment discrimination will increase along with the unemployment rate. The EEOC reports that the number of age discrimination claims grew 29 percent from 2007-2008, higher than the 15 percent rise in discrimination charges overall. The AARP speculates that this disparity is connected to mass layoffs where older employees feel unfairly targeted because of their age.
For those looking for new jobs, the landscape can be just as frustrating. Normally responsible employers, overwhelmed by large numbers of applications, may be tempted to shorten the list using biased methods. Or, they may simply become ( mistakenly ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to reduce assumed risk, however mistaken, imprudent, or illegal.
The good news is that by being aware of employment laws that safeguard American workers, job seekers can take deliberate action to protect themselves and insist upon unbiased hiring practices. “Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” -”Prohibited Employment Policies/Practices”, U.S. EOCC. Employers can avoid accusations of discrimination by teaching hiring managers appropriate interview techniques. Below are some of the guidelines that employers and applicants should remain aware of during the job seeking process:
Advertising, Recruitment, Application & Hiring
It is against the law for an employer to publish advertisements or recruit potential employees in a way that shows preference for (or discourages) applicants because of their race, religion, sex, etc. Using language such as “seeking women” or “recent college graduates” may discourage men and people over 40 from applying, for example. Recruiting only within a specific ethnic community may also violate the law. A word-of-mouth campaign that results almost entirely in hiring within that race community (for example) would be suspect. An employer may not refuse to give applications to anyone because of their race, religion, sex, etc. A job seeker may demand they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) advertisement.
Pre-Employment Inquiries
As a general guideline , facts requested by an employer during the hiring process should be limited to that which is essential for determining if a person is qualified for the job. The use of personal information such as an applicant’s race, sex, age, religion, etc. to discriminate is prohibited, so it is best for the employer not to inquire , even if the law does not clearly forbid it. Employers are specifically prohibited from asking about disability. A job seeker, generally, should not feel required to answer inquiries regarding their:
* Race * Age * Height & weight * Credit rating * Religious affiliation * Citizenship * Marital status and/or number of children * Gender * Arrest & conviction history * Disability * Medical history
Exceptions are appropriate when an employer can show that the information is related to the actual job demands. An employer hiring for a highly physical job, dock loading for example, may appropriately ask questions about height, weight, or physical ability to perform the labor .
Employers need to train hiring managers to avoid possibly misunderstood (if admittedly friendly) questions. Asking “How old are your children?”, for example, could create the perception of bias against job seekers with children if that applicant is not hired. Questions about when collecting personal information is OK can be answered at the EEOC website in more detail. Some information, such as citizenship and arrest & conviction history, can require subtle interpretation, so employers may wish to consult with a qualified employment law attorney when preparing hiring plans.
If an job seeker feels like they have been discriminated against, the first step, according to monster.com’s career advice columns, is to contact the employment offices . and ask for feedback on the interview. A well-trained HR person should be happy to talk openly about the hiring process. In some cases, the HR contact could investigate and grant another interview. If unhappy with the HR department’s response, an applicant may wish to take their complaint to the EEOC or, even further to an employment lawyer. A qualified discrimination attorney can petition the court to mandate that the employer hire you, give you back pay, and award punitive damages.
When it’s already hard to find work, discrimination should not add another burden to landing that perfect job. By understanding employment rights, applicants can insist that employers hire based on their ability to do the work.
Before choosing an attorney, visit Williams Law, LLC to get additional information on Employment Discrimination Law and Sexual Harassment Law.
If you have suffered an injury or been harmed through the negligence of somebody else, you may require the services of a Personal Injury Lawyer . Automobile accidents, for example, are among the most common personal injury claims. When a driver who fails to exercise “reasonable care” injures someone, the law says the injured person can recoup their losses. Other incidents that fall under personal injury law include:
* Injury from defective or dangerous products
* Injury from animal bites or attacks
* Premises liability, slips and falls
* Malpractice by medical professionals
* Physical attack, assaults and battery
* Wrongful death (a claim made by surviving relatives, dependents, beneficiaries, etc., in which it is alleged that a person died because of somebody else’s negligence)
A qualified personal injury lawyer will understand the specific state and federal laws that apply to your case. They will investigate the details of the incident, determine who is liable and why, and then file the case on your behalf. They will also help you determine the correct amount of losses to expect – a hasty settlement will frequently benefit insurers rather than the injured party and may not be the best outcome for you. In complex cases, your personal injury attorney will research relevant arguments and may even hire expert witnesses to authenticate your claim. Some other benefits an attorney can provide are:
* Experience to determine if you have a valid case
* Advice about what you should do (and avoid doing) after an injury
* Knowledge about “statues of limitations” that restrict the amount of time you have to file a claim
* Absorb the burden of financial risk in pursuing the case
An excellent attorney will communicate with you in every aspect of your case and answer your questions. Be sure that the lawyer you contract has experience in your particular area of complaint – a semi truck accident injury, for example, is prosecuted differently than an car accident, and your attorney must know this to get the maximum benefit for you.
Once you know you have a valid claim and you have the right attorney, you will sign a contract with them to represent you. Typically, they will charge expenses plus a percentage of whatever award you receive. If you don’t receive any award, most contracts are set up so you won’t have to pay any fees. Go over your contract and make sure you understand it completely. Here are a few things to look for as you review the contract:
* Most attorneys offer a “free” initial interview, but make sure the attorney you are speaking with does not plan to charge you for “expenses”, etc. Never sign a contract if you feel pressured to do so.
* Ask whether expenses (copy costs, experts, postage, etc.) are taken out BEFORE or AFTER the attorney’s fees are calculated. Be sure expenses are taken out FIRST, so the lawyer is motivated to keep expenses low.
* Ask who specifically will be working your case. If the attorney plans to bring in another firm, be sure you know as much as possible about them.
* Speak to your lawyer about the conditions under which a settlement is satisfactory. You do not want a quick settlement if it means cheap remuneration . Your lawyer should be confident and show the assertiveness to go to trial if that will get the best outcome for you.
For more information about how to choose a wrongful death attorney, visit Stephen Bough’s page about hiring a personal injury attorney.
I hate speeding tickets. I hate getting them. I hate seeing other people get them. And I hate the large fines that are levied for what are in reality small forays outside the law. And most other people hate them too. And despite the fact that lawyers are working to make you pay this ticket, most people think they can beat them.
The good news is, there are ways to beat a speeding ticket. I should know, I’m a Seattle traffic lawyer. I spend a large part of my day helping people get out of traffic tickets. And I’m pretty good at it. But some things don’t work. Here are the top five.
First, the speed limit is illegal. This is a true defense I heard, and I actually had it heard today. Somebody got the idea in their head that if they could show the court that the speed limit was calculated incorrectly that the judge would be forced to dismiss the case. That idea was wrong.
I was going just as fast as everyone around me. We all know this one. It is one of the first things that pops into your mind when you think of a defense to a speeding ticket. If for no other reason than it seems a little unfair that you got in trouble when no one else did. The only downside here is that speeding for a reason is no defense. It’s a loser.
I had to speed to avoid death. It sounds really great as it’s coming out of your mouth. You were on the cusp of disaster only to hit the gas like James Bond and avoid the trouble. The thing is though, that you have to answer the logical question that comes next? Wouldn’t you have been able to avoid the trouble by hitting the brakes instead of the gas?
The cop got the wrong car. It must have been anyone except for me. This one is a loser for several reasons. First, cops are trained to do this. Second, if there was enough traffic to cause confusion you probably wouldn’t be able to speed. And third, the judge will believe the cop over you every time. This is a loser.
This is all just a huge mistake because I know for a fact that I wasn’t speeding. Say it to yourself out loud. Now imagine someone saying it to you like they believed it. This is why judge’s don’t buy it either. It makes no sense. People speed. It’s what they do. If you make the judge pick between you and the cop, the judge picks the cop.
If you want to beat your ticket you have to use the law. That’s why speeding ticket lawyer’s are so good at it. We don’t attack the cop. We just use what the cop said to show the court why the infraction can’t be found.
Want to find out more about how a Seattle traffic attorney can help? Then visit our site on how to choose the best Seattle speeding ticket attorney for your needs.
Driving a car in Seattle, Washington is usually a pretty smooth ride. That is, unless you are pulled over and investigated for DUI. In that case, a whole slew of problems arises, including the submission of a breath alcohol test to see what level you’re at (the idea being at a certain level we’re all too drunk to drive). If you blow and your BAC is .08 or over the Department of Licensing (DOL) will try to suspend your license.
But you have a chance to fight it. If you appeal the ruling within 20 days of the date of the test you get the opportunity to contest the license suspension and retain your driving privileges. You can attack the suspension on one of four grounds.
To begin, the cop has to have a valid reason for pulling you over. This can’t be a feeling or a gut feeling that the cop has that you are DUI. There has to actually be something there. The majority of the time its a traffic infraction. This gets you pulled over and then the cop can start looking for signs of DUI. If they stop you for a fake or improper reason, though, the test results get kicked out, and you win.
Next, assuming the cop stops you for a traffic infraction, he’s got get enough evidence to form a basis to proceed to a full blown DUI investigation. Much of the time this is slurred speech, droopy, watery eyes, etc., etc. They are all the things you know the cops say they see when they pull someone over. If there isn’t enough there, though, then they can’t investigate for DUI, and, you guessed it, you win.
Third, that the implied consent warnings were given incorrectly. To give you a breath test you must be given a set of warnings and instructions so you understand what you are doing and the consequences of your actions. If you are given these improperly, the breath test is no good, and you keep your license.
If you make it to actually taking the breath test, the last way to win your DOL hearing is to show that something was wrong with the way you took the test or that the machine wasn’t working properly when you took the test. There are a number of things that could be wrong here, and any of them keep the test out and keep you with your driver’s license.
You can make all of these arguments on your own, but if you want to have a decent chance at winning, you should really consider hiring a Seattle DUI attorney to help you out. Not only do they know the law, but they can present it in a way that is persuasive for the hearing examiner.
Want to find out more about hiring a Seattle DUI defense attorney for your DOL hearing? Then visit our site. We’ve got a lot of information on choosing the right Seattle DUI lawyers for you.
