Civil Rights FAQ
The more you know about your rights under the law, the better the chances of your recovery.
We've provided the answers to some of the most frequently asked questions we've encountered in the course of our practice. Please remember that no information found here can replace a face to face meeting or telephone consultation with an attorney about your particular case, problem or question. The information you find here is intended to be a starting point.
Click on a question below to view the answer.
Sexual harassment is defined as "unwelcomed sexual advances or conduct".
Sexual behavior that is unwelcome and/or inappropriate for the work place is considered sexual harassment. Circumstances that justify a claim might include:
- sexual advances;
- confrontation with sexual demands;
- physical harassment;
- certain types of derogatory comments or dirty jokes; and
- embarrassing posters, cartoons, or drawings.
Gender-based animosity may also be considered sexual harassment. While sexual harassment is most often associated with the workplace, protection is not restricted to that venue.
Start a record of the facts for each incident. Include dates, times, places, and who was present. Make a note of who said and did what.
File a written complaint with your employer. Follow any grievance procedures that your employer has established. Your employer may escape liability if they can claim that they were not aware of the problem and could not have known about it.
If the problem is not remedied, you may have grounds for legal action. You should file a complaint with the Equal Employment Opportunities Commission and may choose to engage the services of an attorney.
Under federal law (Title VII) you must file a complaint with the EEOC (Equal Employment Opportunities Commission), within 300 days after the unlawful act.
The federal Family and Medical leave Act (FMLA) requires employers to provide covered employees with the right to an unpaid leave of absence for up to 12 weeks within a 12 months period to address family and medical responsibilities.
No. While some employers may choose to provide a related benefit, employees are not entitled to compensation while they are off on their Family and Medical Leave Act (FMLA) leave.
Yes. Your employer may not legally terminate you while they are off on a Family and Medical Leave Act (FMLA) leave. If your leave is within the terms of the Act, your employer is required to reinstate you to their prior position of employment. If your job is no longer available, your employer must offer you comparable employment.
The American with Disabilities Act of 1990 makes discrimination against disabled individuals in the areas of employment, public services, public accommodations, transportation and communication illegal. The primary purpose of the Americans with Disabilities Act (ADA) is to eliminate the barriers preventing people with disabilities from fully participating in all aspects of society.
If you are determined to be a victim of discrimination under the ADA, you may be awarded back pay, potential income, a job, reinstatement, promotion, compensatory and punitive damages, an order to make the facility accessible to disabled individuals, reasonable accommodations and other forms of relief. The nature of the relief you receive depends upon the particulars of your claim.