We provide aggressive and results-driven solutions for persons in the following areas:
Title VII of the Civil Rights Act of 1964 (Title VII)
The Civil Rights Act acts as a catch-all law that applies to a wide range of employment discrimination. Not only does it apply to different classes of protected persons, but also to different scenarios of discrimination. Title VII protects persons of protected classes, e.g. race, gender, national origin, from discrimination in the workplace such as not being hired because someone is African-American, or being sexually harassed at the workplace, being retaliated against by your boss for, say, reporting about discrimination or filing an EEOC charge, earning less money as a female than other male counterparts, not being hired because you are of Chinese descent, or someone less qualified being promoted instead of you because of your race or gender. This list of scenarios is by no means all-inclusive, but it provides you with a general idea of the type of situations Title VII covers.
Age Discrimination in Employment Act (ADEA)
Many employers fire or fail to renew a contract for an older person so that they can hire a less-qualified and less-experienced younger person or recent graduate for much less money. This violates the ADEA. These are quite simple cases to prove if the facts are there, and usually they are. All that must be proven is (1) the employee is at least 40 years old, (2) performing her or his job satisfactorily, (3) terminated, discharged or contract not renewed, and (4) replaced by a substantially younger person with inferior qualifications.
Equal Pay Act (EPA)
The EPA is applicable solely to gender discrimination in terms of amount of pay. Oftentimes, employers pay female employees less than male employees who have the same job title, same job duties, same qualifications and same education. This is a violation of the EPA.
Fair Labor Standards Act (FLSA)
The FLSA is a statute that requires certain minimum payment for overtime work and employees at large in terms of minimum wage. The Strojnik Firm LLC represents employers who work overtime hours (more than 40 hours per week), but they are not paid time and a half for those excess hours. Oftentimes, employers do not pay their workers overtime pay for several years, and this unpaid income rapidly increases.
Americans With Disabilities Act (ADA)
The ADA is separated into many different sections. Title III of the ADA (discussed on ADA Accessibility page) relates to access to public accommodations for disabled Americans. Title I, discussed here, relates to discrimination against disabled Americans at the workplace. Being disabled or in a wheelchair does not preclude you full and equal treatment as an employee, but many employers utilize this excuse to not hire disabled Americans or to terminate their employment. The ADA states that so long as you can perform the essential functions of the job with or without a reasonable accommodation, you cannot be terminated or demoted from your current position.
The Discriminatory Act
The first step in redressing your rights as an employee who has been discriminated against is the act of discrimination itself. It is very important that if you feel you have been and are continuing to be discriminated against, retaliated against or have suffered other hostile work environments, that you keep a daily diary of the actors involved and the actions that take place. This will help you and your lawyer have a better opportunity to be successful in any lawsuit.
Filing EEOC Charge of Discrimination
Before filing a lawsuit in federal court that alleges a violation of a federal statute, most often the employee must file a Charge of Discrimination with the local Equal Employment Opportunity Commission office. This "administrative hurdle" is something an aggrieved employee must undertake before ever filing a lawsuit. It allows the federal government to undertake its own investigation into the alleged discrimination; however, some argue that the federal government is too overcome with too many cases to appropriately and fully investigate your claim. Indeed, based on our experience, these federal investigations take months and sometimes years to complete, and at the end of the investigation nothing is resolved. It is often the best course of action to immediately request your "Right to Sue Letter" from the EEOC (see below) after you file the EEOC Charge. This will allow your lawyer to begin investigation of your claim right away versus waiting months or years before you hear back from the federal government.
Right to Sue Letter
As we stated above, we always request the Right to Sue Letter immediately after filing the EEOC Charge of Discrimination. A Right to Sue Letter is a document that states the employer fulfilled her or his administrative burden of filing an EEOC Charge, and now she or he may now file a lawsuit in federal court.
This is where the lawsuit begins and where The Strojnik Firm LLC excels. Once the lawsuit, or complaint, is drafted, we file it in federal court and undergo discovery, depositions and motion practice to ensure that you either receive the most optimistic settlement or the most optimum facts for a victorious case through trial or summary judgment.
Discovery is the most important part of any litigation. This is the phase of litigation in which each party, plaintiff and defendant, have an opportunity to discover the facts necessary to prove the case. You may know what the facts are, but these facts must be proven with testimony and documents.
Following the discovery phase is the dispositive motion phase. During this phase, we generally file a Motion for Summary Judgment, which is a motion asking the judge or judgment without the need for a trial. Generally, we argue that the facts are so clear that a jury is not even needed to determine your victory.
Most of the laws that protect employees against discrimination in the workplace are federal laws. If a lawsuit is filed to protect your rights, litigation is filed in federal court (see below "Overview of Federal Lawsuit") and pursuant to these federal statutes, which include:
Labor & Employment litigation
The Strojnik Firm LLC represents employees in all aspects of employment discrimination including failure to hire, refusal to promote, smaller salary than other similarly situated persons, sexual harassment, and other EEOC matters.