DISCRIMINATION ATTORNEY LAS VEGAS

Employment Discrimination Attorney Las Vegas

What laws protect rights against discrimination?

Under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, it is illegal to discriminate on the basis of race, religion, color, sex, national origin, disability, or age in any aspect of employment, including hiring and firing, payment of wages, classification of employees, job duty transfer, promotion, layoff, recruitment, testing, training, benefits, retirement plans, disability leave, or many other terms and conditions of employment. An Employment Discrimination Attorney can give you more information.

Discriminatory practices under these laws also include any harassment on the basis of race, color, religion, sex, national origin, disability, or age and any retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices. Also, these employment laws protect from illegal employment decisions based on stereotypes about the abilities or performance of individuals of a certain sex, race, age, religion, or national origin, or individuals with disabilities. These employment laws also protect employees from being denied employment opportunities because of marriage to an individual of a particular race, religion, national origin, or disability. The laws prohibit discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

If you have any questions for an Employment Discrimination Attorney about employment discrimination, call Gabroy | Messer for a consultation at 702-259-7777 or fill out the online request form.

What laws provide rights to minimum wages and overtime compensation?

The federal Fair Labor Standards Act sets the federal minimum wage and provides nonexempt employees with the right to overtime compensation. The majority of employees are either paid on an hourly basis for each hour they work or are paid a fixed salary regardless of the number of hours worked. The majority of those employees paid on an hourly basis must be paid time and one half (overtime) for any hours worked over forty (40) in a seven day work week. Some employees who receive a salary may be entitled to overtime because their employers have misclassified them as being exempt from overtime. An employee paid a salary may be entitled to overtime compensation.

If you have any questions for an Employment Discrimination Attorney about minimum wages and overtime compensation, call Gabroy | Messer for a consultation at 702-259-7777 or fill out the online request form.

Age Discrimination

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any privilege of employment (hiring, firing, promotion, layoff, compensation, benefits, job assignments, or training).
Also, the ADEA prohibits retaliation against an individual for opposing employment practices that discriminate based on age (filing an age discrimination charge, testifying about age discrimination, or participating in an ADEA proceeding).
The ADEA applies to employers with 20 or more employees, including state and local government, agencies and labor organizations. The ADEA generally makes it unlawful to include age preferences in job notices or advertisements. The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, these requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

An employer cannot retaliate against an individual for opposing employment practices that discriminate based on Age (filing a discrimination charge, testifying, or participating in any way in a proceeding under the ADEA). (Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid).

If you have any questions for an Employment Discrimination Attorney about Age Discrimination, call Gabroy | Messer at 702-259-7777 or fill out the online request form.

Gender Discrimination

Title VII of the Civil Rights Act prohibits employers from discriminating against individuals in hiring for firing decisions and other terms of employment because of their gender (male or female). Title VII covers employers with 15 or more employees.

Employers may not treat employees or applicants more or less favorably because of their gender. An employer may not refuse to hire individuals of a certain gender, may not impose stricter promotion requirements for persons of a certain gender, and may not impose more or different work requirements on an employee because of that employee’s gender.

An employer cannot retaliate against an individual for opposing employment practices that discriminate based on gender (filing a discrimination charge, testifying, or participating in any way in a proceeding under Title VII ). (Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid).

If you have any questions for an Employment Discrimination Attorney about Gender Discrimination, call Gabroy | Messer for a consultation at 702-259-7777 or fill out the online request form.

Disability Discrimination

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms of employment. The ADA covers employers with 15 or more employees.

An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities and has a record of the impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

A reasonable accommodation for an employee with a disability may include making existing facilities used by employees readily accessible to and usable by persons with disabilities, job restructuring, modifying work schedules, modifying equipment/devices/examinations, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee, if the accommodation does not impose an “undue hardship” on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation for a disabled employee. Also, an employer is not obligated to provide personal use items such as glasses or hearing aids. Under the ADA, employers may not ask job applicants about the existence, nature, or severity of a disability. However, applicants may be asked about their ability to perform specific job functions and a job offer may be conditioned on the results of a medical examination (if the examination is required for all entering employees in similar jobs, job related, and consistent with the business needs of the employer).

An employer cannot retaliate against an individual for opposing employment practices that discriminate based on a disability (filing a discrimination charge, testifying, or participating in any way in a proceeding under the ADA ). (Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid).

If you have any questions for an Employment Discrimination Attorney about Disability Discrimination, call Gabroy | Messer at 702-259-7777 or fill out the online request form.

Equal Pay and Wage Discrimination

The right of employees to be free from discrimination in their wages is protected under several federal laws including the Equal Pay Act, Title VII, the ADEA, and ADA and enforced by the U.S. Equal Employment Opportunity Commission.

The Equal Pay Act (EPA) requires that men and women be given equal pay for equal work in the same establishment (An establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business). The men and women employees’ jobs need not be identical, but they must be substantially equal (job duties, not title of the position, determines whether jobs are substantially equal).

Specifically, the EPA provides that 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 discrepancies are permitted when the pay rates are based on a factor other than gender such as seniority, merit, or quantity or quality of production.

Title VII, the ADA, and the ADEA prohibit wage discrimination on the basis of race, color, religion, sex, national origin, age, or disability.

An employer cannot retaliate against an individual for opposing employment practices that discriminate based on unequal pay (filing a discrimination charge, testifying, or participating in any way in a proceeding under the EPA). (Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid).

If you have any questions for an Employment Discrimination Attorney about Equal Pay Discrimination, call Gabroy | Messer for a consultation at 702-259-7777 or fill out the online request form.