[49] A complaint of systemic discrimination is distinct from
an individual claim of discrimination.
In addition to this public advocacy work, the Commission has an equally important role in resolving
individual claims of discrimination and other breaches of human rights.
Not exact matches
Most
discrimination claims tend to be focused on the treatment
of individuals by their employers with employees facing difficult burdens
of persuasion.
Activists rallied earlier this month in support
of transgender
individuals in Puerto Rico,
claiming Rivera Schatz's administrative action violated the commonwealth's 2013 law banning
discrimination based on sexual orientation and gender identity.
70 However, this has been construed non-substantively and
claims by
individuals or groups,
claims against governments who remain inactive and
claims against private parties have been regarded as impermissible.71 Nevertheless, the CEDAW committee has finally recognized violence against women as a type
of sex
discrimination, thus making states accountable for «private acts» if they fail to prevent, investigate or punish discriminatory acts
of violence.72
A class member may appeal a final decision on an
individual (s)
claim for relief pursuant to a finding
of a class - wide
discrimination.
My work includes representing employers defending Employment Tribunal
claims and advising employers and
individuals on all aspects
of the employment relationship, including unfair dismissal, holiday pay,
discrimination, and redundancy.
She has extensive experience representing
individual workers in employment
discrimination cases on account
of race, national origin, religion, gender, disability, sexual harassment, wrongful termination, retaliation, whistle blower and wage and hour
claims.
In the employment arena, they represent clients in wage and hour disputes, defend businesses and
individuals against
claims of discrimination, retaliation and wrongful termination, and litigate disputes relating to non-competition, non-solicitation and confidentiality agreements.
Using a cost - effective approach to employment litigation, Taft's attorneys have defended
individual and class action lawsuits involving
claims alleging race, gender, age, disability, and religious
discrimination and harassment; retaliation; Family and Medical Leave Act violations; ERISA violations; breach
of contract; torts; whistleblower
claims; and various other employment - related causes
of action.
Achieved dismissal
of hostile work environment, retaliation and breach
of implied contract
claims, and dismissal
of individual defendants (President and Vice President) in
discrimination / harassments case, establishing law in our jurisdiction regarding personal liability
of supervisors.
The team at Park Square Barristers has expertise across the ambit
of employment law; members represent
individuals and companies in unfair dismissal,
discrimination and TUPE
claims, among other areas.
It would therefore seem that the authorities, whilst perhaps difficult to follow, are not necessarily inconsistent and largely support the principle that the reason for the group and
individual disadvantage does remain
of key importance in establishing
claims of indirect
discrimination.
We act on behalf
of employers and
individuals in employment tribunal
claims including unfair dismissal, race, sex, disability and age
discrimination and unlawful deduction
of wages.
To help our clients prevent as much as possible later disagreements that may degenerate in business impacting issues, we assist on
individual matters that arise at various stages
of employment, including customized assistance for executive employment agreements, staff training, workplace policies, executing, amending, suspending, and terminating employment contracts,
discrimination and harassment
claims at the work place, disciplinary proceedings.
There, in upholding a Canadian Border Services Agency worker's
claim based on a work schedule that conflicted with her childcare obligations, the Federal Court
of Appeal determined that to establish
discrimination on a prima facie basis on the ground
of family status in relation to childcare, it would be necessary for an
individual to show that:
Lloyd advises predominantly in the technology, media and retail sectors on contentious and non-contentious employment law issues including employee relations issues, performance management, collective and
individual redundancies,
discrimination, TUPE and outsourcing, restraints
of trade, employment tribunal
claims and employee data privacy issues.
The Court went on to conclude that had it been necessary to do so, it would have dismissed the
discrimination claims in any event because an
individual within the Iraqi scheme was not a material comparator and the reason why the schemes were different was not because
of nationality, but because
of the particular context and circumstances
of the situation in Afghanistan as opposed to Iraq.
He litigates in multiple areas
of employment law and defends against
individual and class action lawsuits alleging violations
of wage and hour laws,
discrimination, wrongful termination, harassment, breach
of contract, labor code section 132a
claims, and other related matters.
Administrative Law Alternative Dispute Resolution Social Program Business Law Alternative Dispute Resolution Incorporations Independent Legal Advice Sports Law Civil Law Alternative Dispute Resolution Co-op Housing Estate Litigation Motor Vehicle Accidents Personal Injury Property Damage Residential Landlord and Tenant (Landlord) Residential Landlord and Tenant (Tenant) Slander / Libel Small
Claims Court Wrongful Dismissal Estate Law Alternative Dispute Resolution Elder Law Estate Administration and Distribution Estate Litigation Estate Planning Independent Legal Advice Living Wills Power
of Attorney Representation Agreements Trusts Wills Family Law Adoption Alternative Dispute Resolution Annulments Bankruptcy and Insolvency Child / Spousal Support Child Custody / Access Child Protection Proceedings Collaborative Family Law Committeeship (Mental Incompetency) Division
of Property / Assets Domestic Contract Family Court
of Appeal Independent Legal Advice International Divorce Paternity Restraining Orders Separation / Divorce Uncontested Divorce Variation Orders Labour and Employment Law Alternative Dispute Resolution Arbitration — Interests and Rights Employment Contracts Employment Equity Employment Insurance (EI) Employment Standards Human Rights /
Discrimination Individual Employee Representations Management Representation Occupational Health and Safety Pensions Professional Discipline Hearings Sexual Harassment /
Discrimination Sports Law Union Certification / Decertification Unionized Personnel Work Permits / Visas Wrongful Dismissal WSIB / WCB / WSB Real Estate Law Condominium Contract Independent Legal Advice Mortgage Agreements Residential Real Estate Rural Real Estate
Represented scores
of individuals in lawsuits against their former employers regarding
claims of discrimination, harassment, and retaliation based on disability, sex, gender, sexual orientation, age, race, and other protected classes and activities in violation
of the Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), Family Medical Leave Act (FMLA), American Disabilities Act (ADA), and public policy.
She represents employers in federal and state litigation matters, including class action and
individual claims of wage and hour violations, sexual harassment, age, disability, race and sex
discrimination, failure to accommodate, whistleblower and public policy wrongful discharge.
Special rules apply to
individuals who satisfy the legal definition
of a disability, in particular the right to consider reasonable adjustments, the failure
of which could make an employer liable in a disability
discrimination claim.
Successfully representing an
individual in a high profile race
discrimination claim in which compensation for injury to feelings in the top band
of Vento was awarded along with substantial loss
of earnings.
On the footing on which the indirect
discrimination claim is now advanced, namely disadvantage to a single
individual arising out
of her wish to manifest her faith in a particular way, everything in the tribunal's findings
of fact shows the rule, both during the years when it operated without objection and while it was being reconsidered on Ms Eweida's instigation, to have been a proportionate means
of achieving a legitimate aim.
The reason for this is that there are factors affecting a claimant's employment prospects following a discriminatory dismissal including: (i) the stigma
of having brought a
discrimination claim; (ii) the fact that it is easier to find a new role whilst remaining in employment; and (iii) a period
of unemployment following a dismissal can detrimentally affect an
individual's career prospects.
Kristen's litigation experience includes representing
individual and corporate clients in cases involving
claims of breach
of contract, consumer fraud, unfair trade practices, violation
of federal and state credit reporting laws, violation
of the Fair Debt Collection Practices Act, professional negligence, business torts, employment
discrimination, wrongful termination, violation
of wage and hour law, and violation
of non-competition and confidentiality agreements.
The case involved allegations
of discrimination against women, and the Supreme Court said that the case involved too many
individual claims, circumstances and factual analyses to be litigated on a classwide basis.
Patrick joined Premier Law Group as a partner in 2004 and has since helped numerous
individuals in their
discrimination and / or retaliation
claims against their employers as well as
claims of non-payment
of wages.
Handles all facets
of employer defense
of individual and class action EEO litigation in federal and state court, including
claims of race, sex, pregnancy, age, national origin, and disability
discrimination; the investigation and defense
of sexual harassment
claims; and the defense
of unlawful retaliation
claims based on the filing
of an equal employment complaint.
Whereas a systemic
claim will require proof
of patterns, showing trends
of discrimination against a group, an
individual claim will require proof
of an instance or instances
of discriminatory conduct.
Employers are at risk for
discrimination claims if: - the employer asks some, but not all,
individuals for certain information (ie, Facebook passwords), - the employer discovers bits
of personal information (e.g.. MORE
Employers are at risk for
discrimination claims if: - the employer asks some, but not all,
individuals for certain information (ie, Facebook passwords), - the employer discovers bits
of personal information (e.g.
However, a
claim by an
individual or small group may fall within this priority if it raises a policy, practice or pattern
of discrimination.
It concerns whether the city
of Miami can bring
claims against Wells Fargo and Bank
of America for racially discriminatory predatory lending under the Fair Housing Act — or whether the law only allows suits by
individuals directly affected by
discrimination.