Discrimination

Employment discrimination is punishable by law based on the humanistic theory that all beings are created equal and must be afforded equal rights and equal protection of the law. Employment discrimination in the United States stems from issues relating to age, disability, ethnicity, race, religion, sex, and in recent years, gender. The U.S. Constitution, through the Fifth and Fourteenth Amendment prohibits federal and state governments to discriminate. While the U.S. Constitution does not extend to private businesses, a growing number of cases through the years had the U.S. Supreme Court interpreting the anti-discriminatory provisions as applicable to both the public and private sectors.

Discriminatory practices relating to employment are prohibited by both federal and state statutes. Discriminatory practices include bias in hiring, promotion, compensation and termination. Discriminatory practices also include sexual harassment. Equal protection right requires state and federal governments to treat employees, former employees, and job applicants equally, regardless of sex, race or religion. One of the most common issues arising from violation of the equal protection clause would be refusing women or members of the LGBT community the same promotion opportunities or the same pay afforded to male workers, or refusing married homosexual couples the same employment benefits afforded to married heterosexual couples. Moreover, women have also been historically victims of discriminatory employment practices that numerous nationwide class actions have been spawned as a result of these practices.

Under the right to due process, employers are required to give employees a fair process especially when there is investigation involving an employee or in cases of termination. One of the common cases arising from employers' violation of the right to due process would be terminating an employee because the employee exercised his or her right to form or join a union. In addition, there are several cases of employees who were laid off because they sued their employer.

When found to have suffered from discrimination, an employee may seek redress for damages against the employer. Under the U.S. Code, employees are guaranteed the right to a jury trial for cases seeking compensatory and punitive damages arising from discriminatory practices. The Civil Rights Act of 1964 also prohibits discriminatory practices by employers who have businesses in two or more states. While state and federal statutes are specific as what consists discriminatory practices, proving its existence is not easy and would require an attorney specializing in these matters. Filing a claim or a suit has to go through a tedious process that would often involve a review by a government agency and a race against statute of limitations. On top of that, the employee, being the plaintiff, also has to shoulder the cost in procuring evidence of the alleged discriminatory practices.

It is not easy for an employee, especially if acting alone, to battle an employer as the employer typically has a bevy of lawyers on stand-by to argue that the employment practice is not discriminatory and is in accordance with the law. Add to this another huge difficulty when that employer is a major corporation, whose power is not just limited to its business industry, but also extends to all three branches of the government.

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Catastrophic Injuries Law - Legal Information and Resources

Catastrophic Injuries

A catastrophic injury is legally defined as an injury, usually of thecentral nervous system, that leaves the individual unable to performany gainful work. A catastrophic injury is a result of an accident,which means the victim obtained the damages without warning. Asidefrom damages to the central nervous system, catastrophic injuries mayalso include accidental amputation, multiple bone fracture, eyeinjury, severe burns, and organ damage. Catastrophic injuries canlead to permanent and, often, life-long disabilities, and malfunctionof multiple organs, and can shorten the lifespan of the individual.Catastrophic injuries require expensive medication andrehabilitation, often for the rest of the individual's life, causinggreat financial and emotional strain to the family. The injurieslimit, if not, prevent the individual from using major bodilyfunctions and interacting with family and society, leading to loss ofemployment, resulting to low quality of life.

Because of the magnitude of the effect of catastrophic injuries,victims and their families are given the legal right to file claimsand seek compensation for the disabilities. Catastrophic injury law,in general, provides that a victim sustaining catastrophic injuriescan file a claim or sue the person or entity who acted negligently orintentionally resulting to the harm. The main premises, therefore, ofcatastrophic injury law is negligence and intent. The medicaltreatment, rehabilitation and care for the victim of catastrophicinjuries are steep, which means family members take to court theirclaims.

The determination of negligence or intent is crucial in establishinga catastrophic injury claim. Most victims, as a result of theirinjuries, may no longer be able to recall the events that happenedbefore, during, and after the accident, so it would take an ampleamount of time before the complaint can be structured. An expertcatastrophic injury law attorney can speed up the data and evidencegathering process. Moreover, an expert catastrophic injury lawattorney can also help the victim, or, in most cases, the victim'sfamily, seek the damages due to the victim by establishing whetherthe act was negligent or intentional as the difference between thetwo can elevate the claim from a tort claim to a criminal offense.

If it will be known that one party is responsible for thecatastrophic injuries, then it will be easy for the plaintiff toidentify the responsible party. However, many parties may beresponsible for the injuries and an expert catastrophic injury lawattorney will be prudent to name all possible responsible partiesprior to the start of the litigation as the statute of limitationsmay exclude other possible responsible parties, reducing the amountof damages the victim may receive. Other possible liable partieswould include the owner of the vehicle, if the injuries are caused bysuch, or the building, employer, and insurance companies. The lawdoes not leave possible responsible persons unprotected, and, becauseof the possibility of paying huge amounts, they would argue againsttheir liability. It is therefore imperative to hire an attorney whois not just equipped with in-depth knowledge of catastrophic injurylaw but also of litigation tactics.

The bulk of catastrophic injuries litigation involve around the determination of the value of the damages. While every injury isserious to some degree, some victims of catastrophic injuries canrecover with good medical attention. Other victims, on the otherhand, are permanently disabled and suffering. States in the UnitedStates have imposed limits on "non-economic" damages. A catastrophic injury lawyer can help recover the adequate compensationfor the damages that the victim or his family has suffered.


Areas of Law