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Discrimination Law Questions
Discrimination law is based on statutes protecting civil rights. Discrimination cases frequently arise out of unfair treatment in the workplace due to firing, refusal to promote, or refusal to hire based on a physical characteristic. State statutes vary as to which groups are protected classes, but generally prohibit discriminating against a person’s race, gender, sex, physical disability, age or national origin.
In order to prove discrimination, the claimant must show he is a member of a class the statute is designed to protect and that the employer's actions resulted in an adverse employment situation. In some cases, employers also may show that their actions were based on reasons that had nothing to do with discrimination, and in others, employers can be liable even if they had no intent to discriminate. Written evaluations of employees can be helpful. Employer statistics related to how other employees within the same class may be influential to assist the claimant as well as any specific actions that were said or performed by people hiring, firing or promoting. Usually damages relate to salary compensation, but sometimes discrimination accompanied by harassment can include compensation for psychological damages.
Some discrimination cases also arise under the Fair Housing Act, which prohibits the refusal of housing or the eviction of someone based on discrimination in a protected class. Some housing that falls within particular exceptions may be exempt. The Fair Housing Act also requires most newly constructed buildings to be handicap accessible.
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