Civil Rights Law

 

 

There are two primary categories that define practice areas: "Litigation" and "Transactional."

Litigation involves a lawsuit or, in some cases, an arbitration, to resolve a problem or disagreement. The parties to a lawsuit are the plaintiff and the defendant. If you are the victim of an accident or intentional injury, you are the plaintiff. If you are being accused of causing an accident or intentionally harming someone, you are the defendant. Litigation can be resolved by negotiating a settlement or going to court.

In transactional law, there are no plaintiff and defendant or lawsuit. You hire a lawyer to represent you in connection with a legal transaction like business deal, real estate closing or the drafting of a will.

Brady & O'Shea, P.C. practices law in the four general categories; Personal Injury Law, Civil Rights Law, Business & Consumer Litigation and Business/Transactional Law.

For detailed information on any of the specific Civil Rights practice areas listed, click on a topic in the list below.

It is important to note that civil rights cases have very short statutes of limitations and usually such claims must be filed within 180 or 300 days of the last act of discrimination or harassment.

Protected person under Iowa's Civil Rights Act

Employment Discrimination

If you feel that you have been discriminated against in the workplace because of your race, gender, religion, nationality, age or sexual orientation you may have a cause of action against your employer. Examples of discriminatory acts include demotion, termination, failure to hire, failure to promote, unequal pay, unequal treatment with regard to employment benefits and unequal treatment with regard to work assignments due to someone's gender, religion, nationality, age or sexual orientation.

Federal statutes, such as 42 U.S.C. §§ 2000e et seq. (Title VII), state statutes and local ordinances offer protection to employees for employment discrimination. We have assisted persons in filing complaints with the Cedar Rapids and Iowa Civil Rights Commissions and have represented persons in lawsuits against their employers or former employers for discrimination.

NEWS-Department of Labor introduces new FairPay rules providing that more employees are entitled to overtime

Sexual Harassment

Sexual harassment is unwanted or inappropriate sexual behavior in the workplace. It can include inappropriate comments, using gender-based slang or nicknames, sexual advances and unwanted physical contact. Sexual harassment can be committed by persons other than just your boss including co-workers, managers, and customers. Federal statutes, such as 42 U.S.C. 42 U.S.C. §§ 2000e et seq. (Title VII), protect persons from sexual harassment in the workplace. We have represented a number of clients in sexual harassment lawsuits against their employers.

Family and Medical Leave Act

The Family and Medical Leave Act is a federal statute that requires employers with 50 or more employees to grant employees up to 12 weeks of unpaid leave for:

  • pregnancy
  • childbirth
  • adoption of a child
  • a serious health condition or
  • care of a close family member with a serious health condition.

Persons who have been terminated for missing work due to one of the above occurrence or threatened with termination if they do not return to work may have a claim for damages against their employer or former employer. We have represented former employees bringing FMLA claims against employers.

Americans with Disabilities Act

The American with Disabilities Act ("ADA") provides protection for the disabled from workplace discrimination. This includes discrimination in hiring, firing, promoting, interviewing, pay, benefits and granting leave. To qualify as disabled under the Act a person must a have a physical or mental condition that substantially limits an important life activity.

Additionally, the ADA requires employers to make reasonable accommodations for persons with disabilities to allow them to perform their job or a job that they are applying for. If an employer has not followed the requirements of the ADA, an employee or potential employee may be able to file a claim with the Equal Employment Opportunity Commission ("EEOC") or file a lawsuit against the employer.

We are experienced in representing persons with disabilities in EEOC proceedings and in lawsuits against their employer.