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Omaha Discrimination Attorney

Attorneys in Omaha, NE
Omaha Discrimination Attorney

While many employees experience a smooth day on the job, there are many people who do not. There are many people who experience discrimination in the workplace on a daily basis, and sometimes it isn’t seen or experienced by others.

Discrimination in the workplace can be experienced in a variety of ways. While most people are familiar with overt discrimination such as someone making loud racial slurs, extreme pay differences for the same work performed, and promotions made unavailable to obviously qualified individuals, discrimination can also include a subtle situation when someone of a protected class is treated differently than that person’s peers.

For example, if a position opens up and the person most qualified for the position is repeatedly denied, and they are included in a protected group, they may have a case for discrimination.

Or, if a company interviews people and refuses to hire the most qualified candidate because they belong to a protected class, this can be grounds for a discrimination lawsuit as well.

Types of discrimination include (but are not limited to):

  • Gender discrimination
  • Age discrimination
  • Race discrimination
  • Pregnancy discrimination
  • Disability discrimination
  • Religious discrimination
  • Equal pay discrimination
  • National origin discrimination
  • Sexual orientation discrimination

Proving discrimination

While you may know for sure you’re experiencing discrimination, you need to know if you have a valid case to file, whether you file with the EEOC or contact a lawyer to handle the case for you.

If you’re going to hire a lawyer to pursue your case on your behalf, there are two types of evidence you can use to prove your case, and they are direct evidence and circumstantial evidence.

It goes without saying that direct evidence is the best way to show that discrimination has taken place. Direct evidence is hard to dispute.

Examples of direct evidence can include statements said (or written) to you by your supervisor, owner, or manager that are in clear violation of your protected status. For example, if your boss tells you that you are being let go because of your disability, and that disability does not affect your ability to perform your job duties, this is direct evidence that your disability was the cause of your (wrongful) termination.

Circumstantial evidence is more indirect, but when there is enough circumstantial evidence to establish a clear pattern, it may be enough to help support your case.

However, circumstantial evidence is not likely to be good enough on its own to prove your case, so you will want to gather as much direct evidence as possible.

There are different types of discrimination claims you can bring, and these include:

Discriminatory Intent/Treatment

In this case, an employee is treated worse than his/her peers directly due to being a member of a protected class/category

Disparate Impact

This type of discrimination claim covers the effect or an employment policy, rather than the intention of such a policy. For example, there could be a policy in effect that all applicants must be able to lift a minimum of 100 pounds, which might rule out some female job applicants.

Retaliation

A retaliation claim is when an employee is retaliated against for engaging in behavior the law protects. For example, if an employee reports a safety hazard and is retaliated against by being demoted, or being suspended, they have a retaliation claim.

If you believe that you have been, or are being discriminated against by your current employer (or potential employer if you are going through the application process and have not yet been hired), contact an experienced employment law attorney to go over your options as soon as possible.

What Our Clients Say

Attorneys in Omaha, NE
Attorneys in Omaha, NE
Attorneys in Omaha, NE

Helped me to choose which course would be best!

From day 1 Frank was able to give me several different options and helped me to choose which course would be best for me in my family law case. Everything was done quickly and without problem. I walked away from court and what seemed like a never ending battle completely satisfied with the outcome. I would recommend Frank and his firm to anyone looking for an attorney who really knows their stuff and cares about their clients.

Grace

What Our Clients Say

Attorneys in Omaha, NE
Attorneys in Omaha, NE
Attorneys in Omaha, NE

Helped me to choose which course would be best!

From day 1 Frank was able to give me several different options and helped me to choose which course would be best for me in my family law case. Everything was done quickly and without problem. I walked away from court and what seemed like a never ending battle completely satisfied with the outcome. I would recommend Frank and his firm to anyone looking for an attorney who really knows their stuff and cares about their clients.

Grace

We Answer
Your Questions About The Law

Attorneys in Omaha, NE

The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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Attorneys in Omaha, NE