Discrimination Lawyer

What is Discrimination?

To make distinction on the basis of race, color, caste, creed, sex, nationality, etc. without regard to merit can be termed as Discrimination.

 

Distinctions between people that are based just on individual merit (such as personal achievement, skill or ability), are generally not considered Discriminatory.

 

Social theories such as Egalitarianism claim that social equality should prevail. In some societies, such as the U.S.A., each individual’s civil rights include the right to be free from Government Sponsored Social Discrimination. Discrimination may not be officially endorsed yet remain an actuality in practice.

Some of the popular and Prevalent Discriminations are:

Racial Discrimination: It means discrimination on the basis of race. The term race distinguishes one population of humans (or non-humans) from another. The most widely used human racial categories are controversially based on visible traits (especially skin color and facial features), genes, and self-identification.

 

Religious Discrimination: Religious Discrimination is the social differentiation of individuals on the basis of their religious beliefs, faith or affiliation.

 

Gender Discrimination: Gender discrimination is any action that grants or denies opportunities, privileges, or rewards to a person just on the basis of their sex.

 

The ‘Glass Ceiling’ commission of United States has observed that between 95 and 97 percent of senior managers in the country’s biggest corporations are men. The term ‘Glass Ceiling’ is used to describe the process by which women are barred from promotion by means of an invisible barrier.

 

There are many legitimate reasons- such as a bad credit report, unstable employment history or bad prior landlord references- for a landlord to reject you as a tenant.

But it’s Illegal for a Landlord to treat a Tenant differently because of:

  • Race
  • Color
  • Religion
  • National origin
  • Sex
  • Age
  • Handicap
  • Marital status
  • Sexual orientation
  • Family status (such as whether you have children)

The Federal Fair Housing Act prohibits landlords from discriminating by:

  • Advertising for a preference for a particular skin type, religion and so forth
  • Having different standards (on credit checks, financially or otherwise) for different groups of prospective tenants
  • Refusing to rent to certain types of people
  • Ending a tenancy for discriminatory reasons
  • State laws differ, so it’s important to check your Local Fair Housing Laws.

Disability Discrimination

Federal Laws prevent a landlord from discriminating against a disabled person, whether their disability is physical or mental. A potential landlord isn’t allowed to ask questions about your disability or ask for proof of your disability.

  • A potential landlord may, however, screen disabled applicants according to the same financial standards and other criteria as anyone else.
  • A landlord must accommodate a disabled person’s needs, at the landlord’s expense. This may include:
  • Installing a ramp for wheelchair access
  • Providing close parking if parking is provided to other tenants
  • Modifying kitchens by lowering countertops and installing more accessible and safer appliances and plumbing.

 

A landlord doesn’t have to make modifications that would make the space unusable by a future tenant. One compromise is to make accommodations temporary, so that they can be removed at the end of your lease. The landlord must approve any tenant improvements ahead of time.

 

The landlord is entitled to ask for medical proof that the modification is necessary, such as a note from your doctor. The doctor doesn’t have to explain why you need the accommodation, only that the modification is necessary.

 

Are you suffering from any Type of Discrimination in your workplace or home? Most of us silently suffer indiscriminating policies followed at work place because of race, color, sex, nationality, etc. as we are not aware of our rights. And even if we are aware we fear intricacies and tensions involved in legal proceedings.

 

We are here to help you. We in partnership with the top notch attorneys of your area provide you the best legal services.

 

Our process of working is simple. By submitting the online request form you tell us the detail of your problems and a team of experts scrutinize your form to connect you to the best lawyer that can handle your case.

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Discrimination and The Law

Without going into the merits of ability or legal rights and rendering unequal treatment to a person is known as discrimination. In the US State and Federal Laws forbid discrimination in rates of payment employment promotion rights opportunities in education civil rights and facility usage on the basis of nationality race colour creed sex age and sexual orientation.

 

Protesting against discrimination or seeking enforcement of rights of equal treatment is provided in various state and federal laws.

 

Not all discrimination is illegal. There is legal discrimination too. When a person is given different treatment based on the membership of their class it is an Ilegal Discrimination because being part of a race national origin or age colour family status or gender cannot be controlled or changed by an individual.

 

Whereas an individual can control his or her behaviour in respect of a credit record being a law-abiding tenant accumulating wealth or having a secure job. A discrimination based on the above is perfectly legal.

 

The law on discrimination is very complex to understand because there is always exceptions and variations of being a group whereas the rules are applicable in general context. If a person falls sick due to excessive smoking which leads to a disability then that person cannot fight against Disability Discrimination. Similarly certain characteristic of a group can be changed – for example a change in family status or a change of religion.

 

It is very difficult to prove illegal Discrimination. Treatment shown to one person should be proved as different from the general treatment given for the same cause.

 

Many landlords come out with excuses for the special or not so special treatment to get away from illegal discrimination. If the new owner is of different color from the existing tenant and the landlord is showing payment history as cause for eviction then it is very difficult to prove illegal discrimination even though the cause shown is different from the hidden cause for the eviction.

 

Similarly according to California’s fair housing laws a tenant cannot be discriminated simply because he or she is availing Child Support or public assistance.

 

A disabled person cannot be discriminated against by not providing ramps handrails or illuminated doorbells etc. This is a case of clear discrimination based on the disability and the law of the land is very much in favour of the disabled community. These provisions should be made available either by the landlord or if not already available the tenant should be permitted to include these provisions at their own cost.

The law clearly defines the key elements of a binding contract and those key elements are:

Competent Parties – For a valid contract, each party must have the capacity to enter into it. Capacity may be seen in terms of legal capacity, mental capacity, age, etc. Agreeing to perform an illegal or illicit act is not consideration and the contract is void. A drugged or mentally impaired person does not hold the capacity to enter into any contract.

 

Minors (e.g., usually those under eighteen) cannot, generally, enter into a binding contract without parental consent, unless it is for the necessities of life, such as food, clothing, or for student loan contracts.

 

Consideration – A contract is always based on mutual exchange. One must give something of value in exchange to the other party in agreement with you. The value or the compensation is mostly expressed in terms of money, however it can be anything even property.

 

Mutual Assent – Both the parties must be clear in all the clauses of the agreement and there should not be any element of doubt before signing the contract. Meeting of the minds sometimes can be expressed by words spoken or gestures made or can be inferred from the surrounding circumstances. There is no mutual assent: (1) one side is obviously joking or bragging, (2) there is no actual agreement (i.e., the farmer who is selling a gelding and the buyer thinks the horse is a brood mare), or (3) both sides have made a material mistake as to the terms or details of the contract.

There are many contract law firms operating in the market. Also, daily there come hundreds of contract law cases for disposal in the court of law.  In case you are searching for a good and very affordable legal assistance of expert attorneys to get the compensation and justice against it, we can help you.

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