When you go to work, you hope to be treated fairly and to be judged on your work performance rather than an aspect of your identity. If you are worried about an employment law matter in Washington, DC or the surrounding area, you should discuss your situation with seasoned Washington, DC employment discrimination lawyer Matthew T. Famiglietti. Mr. Famiglietti also represents clients in matters related to asylum, special education, claims under the Americans with Disabilities Act (ADA), and Social Security Disability benefits.
Workplace sexual harassment is a type of sex discrimination forbidden by Title VII and the Washington, DC Human Rights Acts. It includes degrading comments based on sex, sexually charged conduct, touching, groping, pornography, memes, insults, slurs, violence, and threats of violence. In a Title VII case, the court may categorize sexual harassment as quid pro quo or hostile work environment harassment. Quid pro quo harassment occurs if your employment is conditioned on submitting to sexual advances. This type of harassment can only be committed by somebody who has more power than you in the workplace such as your supervisor or manager. An employment discrimination attorney in Washington, DC also can help you bring a claim based on hostile work environment harassment. This occurs when an employee is harassed based on a protected characteristic and the harassment is severe or pervasive enough to change workplace conditions or generate a hostile work environment.
Wrongful TerminationIn Washington, DC, employment is at will. This means you can be terminated or laid off at any time and for no particular reason. However, there are exceptions. You cannot be terminated in violation of the law or your contract terms. For instance, you may have a wrongful termination claim if you were terminated in retaliation for complaining to human resources about racial harassment. A wrongful termination claim could also be brought if your contract specified you were only to be let go for “just cause” and you were fired for no reason. It is also possible to assert wrongful termination in violation of public policy in some cases. In a wrongful termination lawsuit, you may be able to recover lost wages and benefits. If your employer acted egregiously, you may be able to get punitive damages with the assistance of an employment discrimination lawyer in Washington, DC.
Wage and Hour LawUnfortunately, some employers take shortcuts to avoid paying their workers the full amount of wages to which they’re entitled. If you feel you haven’t been paid your full wages, consult an employment lawyer. Wage and hour violations may involve failure to pay minimum wage, failure to pay overtime, failing to pay for all of an employee’s compensable time, asking employees to work off the clock, violating meal or rest break rules, or misclassifying employees as independent contractors in order to avoid paying them according to wage and hour laws. The federal wage and hour laws are primarily found in the Fair Labor Standards Act (FLSA). When federal law provides greater benefit to employees than local law does, it will apply. Otherwise Washington, DC law will be applied. For instance, the District of Columbia’s minimum wage is $13.25 per hour, whereas federal minimum wage is $7.25 per hour; the District of Columbia minimum wage should be paid.
AsylumThe Americans with Disabilities Act (ADA) is a federal law that forbids discrimination based on disability. Under the ADA, a disability is a physical or mental impairment that substantially restricts one or more major life activities. You can also seek ADA protection if you’re perceived by others as having such an impairment or you have a record or history of such an impairment. ADA protection applies to employment, public accommodations, transportation, and communications. For instance, the ADA guarantees those with disabilities equal access to public transportation; a public transportation provider can’t refuse to provide you with transportation because you have a disability. If your employer has at least 15 employees, it cannot discriminate against you because of your disability.
Special EducationSocial Security Disability is a government program that provides benefits to adults who’ve become disabled and are unable to work for at least a year. In order to be eligible for benefits, you must have earned a certain amount of work credits; these are based on your earnings prior to becoming disabled. Up to four work credits may be earned in a single year. You also need to be considered disabled. The Social Security Administration (SSA) determines disability by looking at whether an applicant can work in his field or adjust to a new job based on a serious medical impairment. You can qualify based on one impairment or multiple impairments, but your inability to work needs to be long-term and complete.
Retain an Attorney in Washington, DCIf you need a Washington, DC employment discrimination attorney or representation in another workplace dispute or a matter related to asylum, special education, or a disability, you should consult Matthew T. Famiglietti. Our firm is dedicated to client service. We represent people throughout Maryland and Virginia as well. Call our office at (202) 669-5880 or complete our online form.
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