Racial discrimination in the workplace is tragically common. A survey by the Trade Union Congress found that over 70% of ethnic minority workers report having experienced racial harassment at work. Around 60% of ethnic minority workers state that they have been treated unfairly by their employers.

The Law Regarding Workplace Discrimination

According to the U.S. Equal Employment Opportunity Commission, “race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race.”

All individuals are protected from racial discrimination in employment by Title VII of the Civil Rights Act of 1964 and the Equality Act of 2010, which defines discrimination as the “unwanted conduct related to [race], which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”

Employers should have workplace policies in place to protect against discrimination and employees should have an effective channel to present concerns or complaints about discrimination and see the necessary steps taken to rectify the situation. However, this isn’t always the reality. And while retaliation is prohibited by law, many employees fear that they will face additional unfair treatment if they bring a discrimination complaint against their employer, says Work Place Insight.

How Discrimination Manifests

Employees are protected by law from discrimination, but unfortunately, many employees still face discrimination at work. Do you ever feel like your workplace has contradictory characteristics? That you go to HR orientations and are presented with handbooks that seem to promote a discrimination-free workplace, but then your reality as an employee means you face discrimination? This is extremely unfair but extremely common.

Racial discrimination can take two forms, explains Glassdoor:

• Direct racial discrimination: overt and clear, such as racial slurs or jokes, harassment, bullying, or physical threats.
• Indirect racial discrimination: can include subtler race-based inequities in pay, job classification, promotions and layoffs, and/or the denial benefits such as training opportunities or flexible hours.

Workplace discrimination can come from a coworker or your employer and can manifest in ways such as:

• Wrongful termination
• Interview or hiring refusal
• Harassment
• Retaliation for filing a discrimination claim
• Denial of a promotion
• Failure to provide benefits
• Segregation
• Privileges or benefits that are extended to your peers but not to you
• Whether “direct” or “indirect,” racial discrimination can happen through offensive text messages or social media posts, or even on a coworker’s screen saver.

Discrimination can also result in emotional harm and psychological trauma. You have the legal right to go to work without fearing discrimination or suffering the monetary or emotional damages that can follow discrimination. Your employer is responsible for providing you a discrimination-free workplace. If that’s not happening, we’re here to make things right. The attorneys at Miller, Hampton, & Hilgendorf can help you pursue a claim against the responsible parties and get the compensation and justice you deserve!

Challenges of Racial Discrimination Cases

The most common challenge of discrimination cases is proving that discrimination happened. All too often, when an employer discriminates against an employee and the employee challenges it, the employer just cites a different, non-racial cause for the employment action. Often the employer will lie in an attempt to cover up their discriminatory actions. Normally it takes an experienced attorney to dig into the details of the case and find evidence that the employer is lying and that racial discrimination did occur. As a law firm well-versed in Louisiana employment and discrimination law, and with experience in many different types of discrimination cases, we can get to the bottom of your case and find the necessary evidence in your favor! You have the right to challenge racial discrimination, and we’re here to protect that right and help you win your case.

How to Prove Your Employer Was Discriminating Against You

If you believe you have a discrimination case in Baton Rouge, Miller, Hampton, & Hilgendorf can find the evidence that you:

• Are in a protected class
• Are qualified for a job or are performing it adequately.
• Were denied a job benefit or subjected to a negative job action
• Have peers of a different race who received benefits

We can examine your employer’s documented communication, workplace records, statements from witnesses, and many other sources to find evidence that proves you were discriminated against.

We’re Here For You

Sometimes, proving a discrimination case can be tricky. Taking legal action against your employer can feel intimidating. But our legal team is prepared to support you and fight for you every step of the way!

We have taken on some of the largest companies in the Baton Rouge area and we are equipped to fight for your rights too! Contact us at 225-343-2205 or online.

Miller, Hampton & Hilgendorf

3960 Government St.

Baton Rouge, LA 70806

Phone: 225-343-2205

Were you counting on having your job when you returned from taking FMLA only to be fired while on your leave or soon after your return?

Depending on the circumstances, you might have a wrongful termination case that you can bring to court in Baton Rouge, LA.

Legally, you cannot be fired because you took FMLA, but you can – under very specific circumstances – legally be fired while you are on FMLA or soon after you return. The tricky part is determining if your employer fired you because you took FMLA even while claiming otherwise.

FMLA Definition

FMLA (The Family and Medical Leave Act) is a federal law that allows qualifying employees at qualifying workplaces to take twelve weeks of unpaid leave per year to attend to their own medical issues or to care for a sick member of their immediate family. According to Nolo, FMLA applies only to companies with 50 or more employees who are located within 75 miles of each other. To qualify, employees must have worked for at least one year for the employer, and at least 1,250 hours in the year prior.

Does FMLA Give You Job Security?

FMLA exists to provide workers with the ability to keep their jobs while dealing with either their own physical or mental health issues or those of an immediate family member.

Except under very limited circumstances (which we will cover below), your employer may not terminate you if you are on FMLA or because you are taking FMLA. Normally, when you return from FMLA the law requires your employer to employ you in your former position or one that is very similar.

The FMLA also has an anti-retaliation provision, which means that employers cannot fire employees for requesting or taking FMLA.

When Can An Employer Legally Terminate You During Your FMLA?

Firing an employee while they are on FMLA or after they have requested it will usually cause suspicions as to whether the decision was appropriate and legally acceptable.

The reason you were terminated must be completely unrelated to your request or use of FMLA. Your termination can not be for retaliation purposes or with the intent of keeping other employees from taking FMLA.

Under law, your employer can only fire you if they would have made the same decision regardless of you taking FMLA.

HR Daily Advisor explains a few situations when it might be legally permissible for an employer to fire you while you’re on FMLA:

• If you meet requirements that would have resulted in being let go anyway. In a legal case, your employer must prove that these issues were documented and discussed before you took leave. For example, if your employer can document that you engaged in:
• Poor job performance
• Disciplinary issues
• Illegal activities such as fraud or other crimes
• Insubordination
• Noncompliance with job requirements
• Misconduct
• If your termination was required by downsizing, your employer must prove that this would have happened whether or not you took FMLA.
• If you exceed 12 weeks of FMLA during a year.

What Are Your Rights?

FMLA gives you (if you’re a qualifying employee at a qualifying company) the right to take leave for situations such as the birth of a child or a serious health condition. During your FMLA your employer is not legally permitted to cut your health insurance or pressure you to come back to work before your FMLA is up.

FMLA protects employees against discrimination. However, that doesn’t mean that employers don’t discriminate. Unfortunately, sometimes employers do use FMLA against their employees when making decisions regarding promotions, disciplinary actions, layoffs, or terminations.

If your FMLA rights were violated through a wrongful termination or other retaliatory action, you can fight back! Unless they want a lawsuit on their hands, your employer must be able to prove that they would have had cause to fire you even if you didn’t take FMLA.

How Can An Attorney Help

If you were fired or disciplined because you took FMLA, an attorney can help you prove it. An attorney can look at the evidence to discover when the decision was made to fire you or discipline you and if it was because you took FMLA leave. For example, if there is documentation that proves that the decision was made while you were on leave or after you requested it, you have a better chance of winning your case.

If your employer fired you with unethical, discriminatory, or retaliatory motivations in Baton Rouge, you might have grounds for a wrongful termination lawsuit. Miller, Hampton, & Hilgendorf is here to help you get the compensation you’re owed.

Talk to an FMLA claim attorney about your case and the best way to move forward. Call 225-343-2205 or message us.

 

Miller, Hampton & Hilgendorf

3960 Government St.

Baton Rouge, LA 70806

Phone: 225-343-2205

Less than half of working Americans had a paycheck in May, says Business Insider, due to the now-notorious COVID-19 layoffs.

However, employees who still have their jobs are facing different complications. For those working Americans who are especially susceptible to the potentially fatal virus, going to work can be dangerous.

Employees in the risk group aren’t the only ones facing hard decisions. Many employees in Baton Rouge who are being asked to go into work are not in the risk group, but they live with or care for someone who is.

What then?

You might be grateful to have your job, but that doesn’t mean you might not also be afraid to come to work. Some businesses remained open for all or most of the pandemic outbreak in the U.S., and some are just now starting to reopen.

What if you’re part of the risk group (or care for someone who is) but your employer is asking you to come back to your workplace?

Who Is In The COVID-19 Risk Group?

According to the CDC, conditions and risk factors include:

• Asthma
• Chronic kidney disease that’s treated with dialysis
• Chronic lung disease
• Diabetes
• Hemoglobin Disorders
• Being Immunocompromised
• Liver disease
• People aged 65 years and older
• People in nursing homes or long-term care facilities
• Serious heart conditions
• Severe obesity

What Is Legally Required Of Your Employer?

If you are in the risk group, your employer can legally require you to come back to work, but they might be required to give you “special considerations.” The Americans with Disabilities Act (ADA) requires employers to make accommodations (within reason) for employees with disabilities. The ADA defines a disability as “a physical or mental impairment that substantially limits one or more major life activities.”

According to Time, many of the conditions that the ADA lists as disabilities are also impairments that put individuals at higher risk of COVID-19. This means that if you are in the risk group, your employer might be legally required to make certain accommodations for you to decrease your chances of being exposed to the virus, which could include a paid leave of absence.

And eligible employees also have the right by law to take paid leave if they are caring for a family member who has a serious health condition. The Family and Medical Leave Act states that eligible employees can take up to 12 weeks of unpaid job-protected leave for a serious health condition that makes them unable to perform their job, or if they’re caring for a family member who has a serious health condition. You might be eligible for FMLA if you must care for a family member who has COVID-19, or if you must avoid possible exposure to the virus in order to protect an at-risk family member.

Can You Take Paid Leave To Avoid COVID-19?

If you are in the COVID-19 risk group and are unable to work from home, consider taking a paid leave of absence.

Experts say that in order to claim your ADA privileges, it’s best to have a medical professional document your condition. If a doctor determines that a leave of absence is necessary for your medical condition, your employer must – under most circumstances – allow you to take that leave.

Similarly, if you’re caring for someone with COVID-19, or you live with someone who is in the risk group, you might also be eligible for paid leave if your employer doesn’t let you work from home.

Does Your Employer Owe You Money?

Many people are losing their jobs because of the new coronavirus, but that doesn’t mean you should suffer illegal treatment from your employer. If your employer has fired you but refused to pay you wages you have earned or is asking you to work but not paying you, you are entitled under law to file a wage claim case. Talk to an employment law attorney to find the best solution for your missing wages in Baton Rouge, Louisiana.

Were You Fired Because of a Disability?

Similarly, you might be able to file a lawsuit if your employer fires you because you took or requested FMLA, or lets you go because of your disability or medical condition.

If you were treated unjustly by your employer, or are missing wages that you earned, it’s time to talk to an employment law attorney to see what your case is worth. COVID-19 has created a lot of confusion and gray areas when it comes to job security, wage claims, and an employer’s right to layoff employees. But while these legal nuances can be hard to navigate, one thing is for certain: Miller, Hampton & Hilgendorf has your back! Contact our Baton Rouge office at 225-343-2205 or message us online.

Are you considering adoption in the Baton Rouge area? It’s essential to understand all the possible routes open to you. One common type of adoption is “open adoption,” which entails a legal agreement that allows birth parents (and sometimes other family members) to stay involved in the lives of children placed into adoptive homes.

Keep reading to learn about the reported benefits of open adoptions, as well as the must-know legal implications of open adoptions in the United States.

Is An Open Adoption the Right Choice?

It’s important to remember that there’s no universal “right” choice in adoption. Every family and situation is different. However, if you’re on the fence about open adoptions, you can rest assured that many family and adoption experts agree on the benefits of open adoptions. Today, 60 to 70% of domestic adoptions are open. According to Adoption.com, open adoptions can carry many positive effects, including

• Strengthening Parent-Child Relationships – Parents say that maintaining an open adoption enhances parent-child relationships while also helping the child understand different roles of their birth and adoptive families, says com.
• Allowing Adoptees to Know Their Birth Families – Studies show that adoptees ages 18-23 preferred knowing who their birth parents were over not knowing.

• Strengthening Sense of Identity for Adoptees – According to research, an open relationship with their child’s biological family member(s) is beneficial for the child’s sense of identity.
• Emotional Health for Birth Mothers – Research shows birth mothers in an open adoption have lower adoption-related grief than those in a closed or confidential adoption. The same research indicated openness did not cause birth mothers to regret their decision to make an adoption plan, says com.

• Deeper Sense of Understanding for Adoptive Parents – Studies show that adoptive parents in an open relationship with their child’s birth family are more empathetic toward birth parents and children who are adopted, according to com.

The Legal Implications of Open Adoptions

Research supports that open adoptions can be a healthy adoption choice for everyone involved. However, open adoptions can carry specific legal challenges that adoptive parents and birth parents alike need to be aware of. Before agreeing to an open adoption, keep in mind these potential legal issues:

1. Relinquishment

Even after selecting the adoptive parents, the birth mother has the right to withdraw from the adoption process without consequence. Adoptive parents need to be aware that withdrawing happens in one-third of all cases. However, after the papers are signed, the adoptive parents assume all legal rights to the child, says America Adopts.

2. Reclamation

Many adoptive parents fear that open adoptions will allow the birth mother to someday reclaim her baby. However, most adoption agencies take the proper legal steps to ensure this cannot happen. If the case does go to court, adoptive parents have the legal advantage – especially with the support of an attorney.

3. Future Involvement

If a birthparent goes to court to try to overturn an adoption, the motivation is often a lack of contact. In most cases, birthparents claim that the adoptive parents broke their original promise to allow regular visits. These agreements are enforced on a state level, so biological parents may or may not have the legal right to contact. Courts generally only enforce an open adoption agreement if it clearly benefits the minor child. Normally, couples must decide on an individual basis how much contact they will permit.

4. Future Changes

To carry any weight, legal agreements must be approved before the adoption finalization. For example, a birth parent cannot request visits that are not covered in the original agreement. Changes to existing agreements are occasionally permitted if they are in the best interest of the child and both sides agree.

5. Differing Laws

It’s important to remember that if you adopted out of state, you might need to abide by the laws of both Louisiana and the state you adopted from. Differing state laws have different implications for visitation rights for birth relatives such as siblings.

Open adoptions can benefit adopted children, adoptive families, and birth families in many ways – but open adoptions can also be complicated and confusing. America Adopts recommends improving your chances for a happy and healthy adoption by always talking with a family law attorney before and during your adoption process.

Do you need help navigating the legal process and challenges of an open adoption in Baton Rouge, Louisiana? As an experienced and client-focused family law firm, we’re here to make your adoption process as straightforward and stress-free as possible. Get started by calling our Baton Rouge office at 225-343-2205 or message us online.

 

Miller, Hampton & Hilgendorf

3960 Government St.

Baton Rouge, LA 70806

Phone: 225-343-2205