ALWAYS SEEK THE TRUTH

Edward L. Gilbert Co., LPA represents individuals who have experienced discrimination based on:

Race Discrimination

It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. Title VII prohibits not only intentional discrimination, but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business.

Gender/Sex Discrimination

It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related.

Age Discrimination

The Age Discrimination in Employment Act (ADEA) and Ohio’s Fair Employment Practices Act (FEPA) protect employees and job applicants who are 40 years of age or older from being discriminated against because of their age with respect to employment-related matters, including hiring or firing, promotions, demotions, wages, benefits and job training.

The ADEA applies to employers with 20 or more employees and FEPA applies to employers with 4 or more employees.

In some situations, age can serve as a legitimate qualification for employment. Employers may legally:

Ø      Claim a bona fide occupational qualification (BFOQ) when an age preference is necessary to the operation of the  

       business;

Ø      Observe the terms of a bona fide seniority system or benefit plan;

Ø      Make employment decisions based on reasonable factors other than age;

Ø      Discharge or discipline an employee for good cause; and

Ø      Retire all bona fide executives and high policy makers, who are at least 65 years of age, have held the position for

       at least 2 years prior to retirement, and will receive at least $44,000 per year in pension benefits.

If you feel you are a victim of age discrimination, you should file a claim with the U.S. Equal Employment Opportunity Commission(EEOC) or contact Edward L. Gilbert Co., LPA at 330-376-8855.

Disability Discrimination

National Origin Discrimination

National origin discrimination is treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also consists of treating someone less favorably at work because of marriage or other association with someone of a particular nationality.

Religious Discrimination

Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local governments, the federal government, employment agencies, and labor organizations.

Employers may not treat employees or job applicants more or less favorably because of their religious beliefs or practices, except to the extent a religious accommodation is warranted.

Employees cannot be forced to participate (or not participate) in a religious activity as a condition of employment.

Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on religion or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Pregnancy Discrimination

Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments, the federal government, employment agencies, and labor organizations. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Equal Pay Discrimination

The Equal Pay Act (EPA) mandates that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal. Specifically, employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. These are known as "affirmative defenses" and it is the employer's burden to prove that they apply.

In correcting a pay differential, no employee's pay may be reduced. Instead, the pay of the lower paid employee(s) must be increased.

Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. Unlike the EPA, there is no requirement under Title VII, the ADEA, or the ADA that the claimant's job be substantially equal to that of a higher paid person outside the claimant's protected class, nor do these statutes require the claimant to work in the same establishment as a comparator.

Housing Discrimination

Landlords, building owners, and house owners have a legal responsibility to be fair when offering housing for sale or rent. There are many legitimate reasons for a landlord to reject someone as a tenant, like a bad credit report, unstable employment history, or bad references from prior landlords. However, it is illegal for a landlord to refuse an application to rent a dwelling based on:

Ø      Race

Ø      Color

Ø      Religion

Ø      National origin

Ø      Sex or gender

Ø      Family status, which covers persons who have children under 18 years old or who are pregnant

Ø      Disability, which includes physical or mental conditions.

There is an exception from the family status provision for housing that qualifies as housing for older persons, or seniors. In order to qualify, the housing must:

If you believe that a landlord or building owner has discriminated against you, please contact us at 330-376-8855.  Remember to take complete records of all your interactions with the discriminatory party. Take note of when you spoke with the landlord or property owner and what was said. Any housing discrimination lawsuit requires proving that the property owner denied housing for an illegal reason, and not because of they perceive an inability on your part to pay rent.

If discrimination is found, the landlord can be liable for your actual damages, such as the difference between the rent for the dwelling you were not permitted to rent and the dwelling you actually rented, attorney's fees, and sometimes punitive damages, which are meant to "punish" the landlord's wrong-doing and ensure that he or she doesn't discriminate in the future.

Public Accommodation Discrimination

Federal law prohibits privately owned facilities that offer food, lodging, gasoline or entertainment to the public from discriminating on the basis of race, color, religion, or national origin. In addition, the Americans with Disabilities Act prohibits discrimination on the basis of disability in a wide range of places of public accommodation, including facilities that offer lodging, food, entertainment, sales or rental services, health care and other professional services, or recreation.

Public facilities such as courthouses, jails, hospitals, parks, and other facilities owned and operated by state and local government entities cannot discriminate in their services because of race, color, religion, national origin, or disability. Additionally, people with disabilities cannot be discriminated against or excluded from services, programs, or activities offered by state or local governments. All public transportation systems must be accessible to people with disabilities, regardless of whether the system receives federal financial assistance.