Signs of Workplace Discrimination

As part of the country’s labor force, we all want to work in a fair and supportive environment. Sadly, however, the workplace can sometimes be a place where we find inequity. We find this happening around the world, even in the United States of America. In order to ensure that you get the fairness you deserve in your workplace, it would be good to build your knowledge of U.S. workplace discrimination laws.

What is considered illegal for an employer to do?

U.S. workplace discrimination laws center on the assertion that it is illegal for an employer to discriminate on the basis of sex, race, color, religion, nationality, age, disability, or marital status. This is applied to an employer’s job selection, job hiring, and job firing processes.

 

What government agencies can I report for assistance?

If you have observed your employer to be guilty of workplace discrimination, you must go through a standard process before the case can be brought to court. The first step is to inform your workplace discrimination incident with either or both of these government agencies: Equal Employment Opportunity Commission (EEOC) and Florida Commission on Human Resources (FCHR). You are given 300 days and 365 days respectively, to file a complaint with both agencies from the date of discrimination. If both agencies do not resolve the issue, only then can you bring your case to court.

Is harassment considered as discrimination?

Harassment is actually a form of workplace discrimination. It can be sexual in nature or other unwelcome and untoward behavior from a co-worker, supervisor, client, or anyone in the workplace.

What constitutes age discrimination?

Companies are generally not allowed by the law to specify an age preference in their job advertisements. All employees, regardless of their age, must collect the same benefits. Furthermore, it is illegal for a company to choose particular employees for apprenticeship or internship programs solely based on their age. In other words, a 45-year-old should not be disqualified from training programs offered to 25-year-olds. Both are to be treated equally.

What is religious discrimination?

People have different beliefs and religious affiliations. U.S. companies are mandated to accommodate the various religious customs of their employees. They are not to hire or fire based on one’s religious inclination.

What is gender discrimination?

Workplace discrimination happens when companies pay different salaries to men and women who possess the same qualifications, duties, skill level, and job position. They should receive the same amount of compensation as well as benefits as employees of the company.

What is pregnancy-based discrimination?

Companies in the United States are required by law to deal with pregnant women the same way they would manage an employee who has a temporary illness. The pregnant employee should not just be transferred because of her physical condition. This is considered illegal.

Nobody wants to be a victim of workplace discrimination. It you happen to be one, the information listed above should help you expose the unlawful practices of your offender and ensure that justice is served.

 

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The Philosophy of Law

As a branch of jurisprudence and philosophy, philosophy of law aims to find the answer to basic questions about legal systems and law.

Analytic Jurisprudence

The primary objective of analytical jurisprudence is to distinguish law as a set of norms, like ethical norms.

  • The theory of natural law asserts the inherent nature of laws. Its essence can be summed up in the maxim: “a law is not true if it goes against natural law.”
  • Legal positivism defines law as a set of social practices or rules that specifies certain norms. John Austin, an early positivist in the 19th century, said that law is a sovereign command supported by the threat of punishment. On the other hand, contemporary legal positivism believes in a ground norm as the fundamental and ultimate legal norm. But, in the Anglophone world, law is a system of social norms that cannot be set in non-normative social facts.
  • Legal realism is a popular view among American and Scandinavian writers. It is a set of rules determined by actual practices of police stations, law offices, and legal courts.
  • Legal interpretivism believes that law includes the morally best justification for institutional practices and facts.

In previous years, legal positivism has been an important debate. The exclusive legal positivism school of thought holds that the validity of a norm does not rely on its moral correctness. On the other hand, inclusive legal positivism states the legal validity of a norm may depend on some moral considerations.

A few philosophers believed that positivism espoused that law and morality do not relate to each other. However, contemporary positivists reject this view. The legal system cannot have vices.

Interpretivism is also another hot debate in previous years. Legal duties and rights can be best interpreted by political practices in a society. According to Ronald Dworkin, interpretation must be fit the best practices of the community. But, writers doubted the existence of a single justification for complex community practices. Other writers doubted if such interpretation can be part of the law of the society.

Normative Jurisprudence

Aside from analytic jurisprudence, the philosophy of law also has normative theories. Normative jurisprudence includes evaluative, normative, and prescriptive questions about law. Three influential approaches reflect these normative theories.

  • Utilitarianism contends that laws result in the best consequences. This kind of thinking is attributed to Jeremy Bentham. Scholars who work in economics and law champion this utilitarianism approach.
  • Deontology protects individual rights, liberty, and autonomy. Immanuel Kant formulated this approach. Ronald Dworkin championed the contemporary deontological approach.
  • Aretaic moral theories emphasize the character’s role in morality. Virtue jurisprudence holds that laws promote the development of the citizen’s virtuous characters. Aristotle popularized this approach.

Philosophical Approaches to Solve Legal Problems

Law philosophers are anxious about the different philosophical problems in certain legal subjects like tort law, criminal law, and constitutional law. As such, the law philosophy addresses the diverse topics of theories of tort liability, theories of criminal punishment, and theories of contract law, as well as the justification of judicial review.

 

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Law and Economics

Economic analysis of law is the use of micro economic theory in analyzing law. It uses economic concepts to assess the rules that are economically efficient, to analyze the effects of the law, and to predict the promulgation of the legal rules.

Legal scholars and lawyers use “law and economics” to refer to the function of micro economic analysis to law. Due to the overlapping of political and legal systems, common discussions can be noted in political science, constitutional economics, and political economy.

But, issues from critical theory and Marxist perspectives do not count as “law and economics” discussions. For instance, sociology of law and important legal studies movement may consider fundamental issues of “law and economics,” but in a different perspective.

A non-neoclassical approach is the Continental tradition that views the concept as a result of the German historical school of economics and public policy and governance approach.

Origin and History of Economics Analysis in Law

Focusing on mercantilist legislation, Adam Smith deliberated on its economic effects in the 18th century. But, the application of economics in analyzing law that regulates non-market activities is new. Guido Calabresi and Ronald Coase published separate articles that started the modern school of economics and law in 1961.

In 1946, Volker Fund head Harold Luhnow funded Friedrich von Hayek and Aaron Director to set up center for scholars in economics and laws in the US. Historians Philip Mirowski and Robert van Horn, together with Bruce Caldwell, wrote about these developments in their books. Director established the Journal of Law and Economics in 1958 that united the fields of economics and law. He also founded the Committee on a Free Society in 1962.

Henry Manne wanted to create a center for law and economics as early as the 1970s. He made George Manson as the center for the education of judges. John M. Olin Foundation supported Manne and accelerated the movement. Currently, many universities have Olin centers for Law and Economics.

Sub-fields of Economic Analysis of Law

Positive law and economics

Using economic analysis, positive law and economics predict the results of different legal rules. For instance, it predicts the results of strict liability of tort law compared to the results of negligence law. Also, it can explain how the legal rules developed. For example, common law developed because of economic efficiency.

Normative law and economics

Normative law and economics create policy recommendation founded on economic effects of different policies. The significant concept in this sub-field is allocative efficiency. The Pareto efficiency is a common concept, which states that a legal rule cannot be changed to make one person better off without making another individual suffer.

Influence of Law and Economics

Influential in many countries, judicial opinions use the law and economic theories, and economic analysis regularly. This influence affected legal education through the textbooks about law and economics. Various law schools employ faculty members, who have an economics graduate degree. Also, professional economists study and write about the connection between legal doctrines and economics.

 

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History of Law

As a system of rules, the law regulates behavior through governmental or social institutions. It ensures that a community or people follow the will of the state. If enforced by the state, it is created by a collective legislature. The executive branch of government also creates laws through regulations and decrees.

Private citizens also create contracts that bind the parties legally. A constitution can influence the formation of laws. A law shapes the society, history, economics, and politics in different ways. It acts as a mediator between the people.

Civil law jurisdictions consist of a central body or a legislature that consolidates and codifies the laws. On the other hand, common law systems have binding laws through a judge-made precedent. Previously, religious laws played an essential role in ending secular disputes. Actually, even up to now, the Islamic Sharia law is the major legal system in Saudi Arabia and Iran.

Areas of Adjudication of the Law

  • Criminal Law handles conducts harmful to social order. The guilty party may be fined or imprisoned.
  • Civil law deals with the settlement of disputes between entities or individuals.

Legal History

In 3000 BC, ancient Egyptian law included a civil code with twelve books. It represented tradition, social equality, rhetorical speech, and impartiality. In 222nd century BC, Ur-Nammu, a Sumerian ruler, created the first law, consisting of casuistic statements. In 1760 BC, King Hammurabi created the Babylonian law or Codex Hammurabi in stone.

By 1280 BC, the Old Testament became moral imperatives for a society to be good. Athens, in 8th century BC, became the first city to include a wide range of its citizens, except women and the slaves. But, it did not have law back then. Athens relied on custom, human decree, and divine law. The ancient Greek law had primary constitutional innovations that helped develop democracy.

Greek philosophy influenced Roman law heavily, although the detailed rules showed a high level of sophistication because professional jurists developed them. The adaptation of law during the Roman Empire helped people to cope with growing social situations. Under Justinian I and Theodosius II, Roman law went through major codification. During the Dark Ages, custom and case law replaced these codes. In the 11th century, medieval legal scholars rediscovered Roman law when they started their research on Roman codes. They adapted the concepts.

In Medieval England, the royal courts created a body of precedent that evolved into the common law. Merchants were able to trade with universal standards of practice through Law Merchant, which was the forerunner of the modern commercial law. Law Merchant emphasized the alien ability of property and the freedom to contract. In the 18th and 19th centuries, the German and Napoleonic Codes were the most dominant.

Ancient India had independent schools of legal practice and theory. Around 100 AD, the Manusmriti and the Arthashastra were India’s foundational treatises. The central philosophy of Manusmriti revolved around pluralism and tolerance. When the British Empire annexed India, common law supplanted Islamic Law and Hindu tradition. Also, Hong Kong, Singapore, Brunei, and Malaysia adopted this common law.

 

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Essential Elements That Constitute Due Process of Law

The term “due process” is commonly known as receiving a fair trial for matters concerning the law, and these matters are usually criminal in nature. However, due process is much more than just what happens inside a courtroom. Due process is a fundamental right of every individual without exception. It is found in America’s Bill of Rights and is also the only command in the American Constitution that is stated twice. In order to put some clarity to the concept of due process, below are descriptive pieces of information that make it what it is.

A legal right which the government must respect

Due process is generally defined as “the legal right of a person that a government must respect before taking away his life, liberty, and property.” In other words, a citizen is entitled to due process before the government decides on his fate, be it financial, physical, or otherwise. Due process is one of those individual entitlements recognized as absolute, fundamental, and universal in modern society.

Basic elements of due process

There are three specific components of due process, namely, the right to a notice of the charges made against you, the opportunity for your side to be heard, and the opportunity to defend yourself. A violation of due process and the rule of law occur when a system or a person overlooks and ignores these three entitlements before convicting someone.

Right to notice of charges

IBJ Criminal Defense Wiki asserts that in order for a person charged with a criminal offense to receive a fair trial, he must be provided with “fair and adequate notice of what charges are being brought against him. Notice should be given in writing, with adequate time for the defense to conduct an independent investigation into the factual foundation of the charges.” This right is grounded in the American Constitution and must be observed strictly by all.

Right to be heard

Judicial courts are to regard all people as equal. A person charged with a criminal offense is assumed innocent until he is proven guilty. Moreover, he has the right to present his side of the story for the participants and/or the jury within a reasonable period of time, before any judgment or conviction is made.

Right to defend himself

Every person accused of a criminal charge has the right to have the assistance of a counsel so that he may defend himself. He can hire one if he can afford it. If he can’t, the government is obligated to provide him with a defense attorney. Moreover, he also has the right to demand for an impartial and competent tribunal. In other words, he needs to feel confident that the judge and jury are without any biases and would judge him fairly and objectively.

If you think about it, due process can actually bring delay in the timely delivery of justice especially to those who are victims of a crime. However, what is essential in the rule of law is to convict someone only if evidence and witness’ accounts prove that he is guilty beyond any reasonable doubt. The legal system is what it is to ensure that all individuals are treated equally and fairly without exception.

 

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When do you need a Lawyer?

The world of law is a very vast place. With new laws appearing on a yearly basis, old laws being updated, old laws being removed, and so on—the world of law is always changing. At this point, understanding basic laws are essential for civilians. Unfortunately for some, the law either catches up to them, they accidentally broke a law they knew nothing about, or they did break the law intentionally. Regardless of your legal matter, when do you really need to hire a lawyer?

Sometimes legal matters do not require the help of a lawyer. Some simple legal cases involve the individual representing themselves. Other simple legal issues can be resolved with a doctor, psychologist, and clergy. There are some legal cases, however, that always require a lawyer. Those legal cases are: arrest, lawsuits, being served legal documents, accidents with injury or property damage, divorce, adoption, bankruptcy, and even foreclosures.

When you run into legal troubles with the law, it can become extremely stressful to handle. Let’s say your home is in foreclosure. You get served papers, and you are unsure what to do with them. Your first instinct is to either get really upset, or throw the papers aside. At this point, this is the final straw and you just need a break. If you attempt to handle this foreclosure on your own (that does not involve moving out of your home), you may be faced with lawyers from your mortgage company who are much more proficient in law than you are. This may lead to more financial issues, and more legal trouble.

By getting a lawyer when your home becomes foreclosed, you are saving yourself a ton of headache. The lawyer can help you fight for your home, but also may advise against it. The lawyer will represent you in any court matters that are involved in the foreclosure. Not only is the lawyer able to help and guide you through the foreclosure process, they are able to protect you from any further legal issues.

A good example of a lawyer is helping with adoption. Adopting a child is not as easy as adopting a pet, you have to go through many more steps to reach your goal. You will need to meet with an adoption agency, and a lawyer would be helpful in this process as they can help you “win over” the adoption agency. They will make sure all adoption matters are completely legal and that you and your spouse (unless it’s just you) are capable of adopting.

Lawyers are great for many reasons, and sometimes you just don’t need one. If you are unsure if you need a lawyer, feel free to contact a law office. They will be able to give you basic information over the phone, or will request that you come in for a consultation meeting. Lawyers can be costly, but you should also get one as soon as possible if you know your legal matter is too big for you to handle on your own. Hiring a lawyer for such a legal issue will save you money in the long run and help reduce the stress of the situation. Remember: when in doubt, seek it out!

What it takes to Become a Lawyer

A lawyer is someone whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters. Upon completion of school, lawyers undergo more training to prepare for their profession. Each lawyer can specialize, performing their services for divorce, injury, business, and so on, or simply keep a wide range of law practice. Regardless of what specialty, lawyers are required to undergo proper schooling and training before being allowed to practice law.

How To Become A Lawyer?

The first step to becoming a lawyer is to obtain a Bachelor’s degree from an accredited university or college. There is no specific degree that an individual needs in order to get into law school. Most law school acceptances come from students with a degree in political science, mathematics, journalism, and even English. However, there is no specific required field of study for a Bachelor’s degree before getting into law school. One thing to keep in mind, is pre-requisites for getting into law school. As long as you perform your pre-requisites successfully, and obtain your bachelor’s degree successfully, you are one step closer to a law career.

During the time of your undergraduate career, you should not simply just be getting your undergraduate degree. To become a lawyer, many people will obtain the proper experience during this time. The coursework taken for your undergraduate degree should be carefully planned out, to ensure you are on the right track to becoming a lawyer. You should also consider volunteer positions and internships in the law field of work, in order to gain experience and professional affiliations. All of this will help you develop your admissions package for your prospective law school career.

You would think that the next step to becoming a lawyer is to apply and enroll in law school. While technically this is the next step, you should take your law school exam first. This exam is called the Law School Admission test (LSAT), and is required by all law schools in America. Certain law schools require certain test scores, so make sure to research what score range you should be getting on your LSAT. Proper preparation and studying for the LSAT will guarantee you a great score and admission into law school.

Hopefully by now, on your journey to becoming a lawyer, you have researched potential law schools. At this point, it is time to apply to law school by submitting a complete application.

Your next step is to earn your juris doctor degree. During this time is when young, prospective lawyers are starting to plan out their career. This is when lawyers typically specialize in areas such as real estate, death, injuries, crime, and so on. This is typically a three year program, which is followed by the ever-so-famous bar exam.

Once you pass your bar exam, and a thorough background check from your respective state, you can begin to practice in your law career. Many lawyers start at the bottom ranks, and move their way up over time. Becoming a lawyer is a lengthy, strategic process. With the right guidance and patience, becoming a lawyer is do-able for anyone looking to practice law.

What is a Lawyer?

Outside of fictional TV entertainment, lawyers are actual professionals who are licensed to practice law in a variety of settings. Another name for a lawyer is an attorney, counsel, or counselor. These individuals undergo many years of schooling to become professionals within the law profession. Lawyers obtain a bachelor’s degree in any topic they want, though the most popular bachelor’s degree for future lawyers are political science, business, psychology, and even philosophy. Once they have obtained their bachelor’s degree from an accredited college or university, the aspiring lawyer must obtain their Juris Doctor degree. Here they determine their specialization; such as criminal lawyer, family lawyer, business lawyer, and so on. After they have received their Juris Doctor degree, lawyers must also pass the bar exam and any other government requirements before lawyers can begin their practice. It is only after the lawyer has passed their BAR exam that they can begin their practice.

What does a Lawyer Do?

What is a lawyer, exactly? You can easily google the definition of Lawyer. Simply put, Lawyers are licensed professionals who advise and represent their clients during legal matters. They can support a defendant, or even be present for a defendant should they need to be.

The duties of a Lawyer are to uphold the law while also protecting a client’s rights. This is why Lawyers must pass certain exams and licenses before they can begin their practice. Lawyers are the individuals who every day citizens turn to when legal troubles arise. In order to properly help their clients, Lawyers need to follow each law themselves, and also be knowledgeable about the law.

Most of the time, a Lawyer will conduct their work in an office environment. They must research different information for clients, create cases for their clients, and even hold client meetings in their office. This is a lot of work for one person, and usually Lawyers have a team working with them to get each legal task done.

Lawyers are not simply individuals who put themselves through years of schooling to obtain a career that pays the big bucks. Lawyers are not simply individuals who follow the protocol for a famous TV show. Lawyers are not simply individuals who handle the biggest cases they can find. Lawyers are much more than the public’s common judgements.

How Can A Lawyer Help You?

A Lawyer is someone who is there to help you. They work hours on end to help their clients resolve any legal issues they 

 

 

may be having. They are present when the client can’t be, and they are always researching new laws to make sure their 

 

practice stays current. These professionals of law are here to make sure the public is able to live a fully legal life, and to help guide them back when legal matters come into play. A lawyer is a great communicator, and has an eye for detail. They create a legal case for you, and they investigate every detail of your legal matter. A Lawyer is there to help guide you.

Three Types of Lawyers You May Need To Call

When we say types, we mean specialties. Each lawyer, upon earning their Juris Doctor degree, a lawyer can specialize in a certain field. They can become criminal lawyers, real estate lawyers, business lawyers, family lawyers, etc. There are many different specialties offered to lawyers, and each lawyer becomes proficient in their selected specialty. Below is a short overview of three different types of lawyers: business, criminal, and family.

  1. Business Lawyers

The business attorney (lawyer) is the person who is involved with the company’s bare bones. This means that the business lawyer is in charge of all legal matters of the business, resolve legal disputes, taxation, property, and so on. Depending on the size of the business, the business may hire one lawyer or a team of lawyers. Business lawyers play a vital role in any legal matters that the company may have. They can also represent other employees during court hearings, should they need to. A business lawyer follows the same educational path as any other lawyer, but it is highly recommended that they obtain a master’s degree in some point of their law career. The master’s degree in business law provides information for a more in-depth business law practice.

two guys shaking hands

  1. Criminal Lawyers

At this point, the majority of the world’s population already know who a criminal lawyer is. Criminal lawyers specialize in crime from representing clients, defending clients, and being extremely familiar with criminal law. Their main task is to represent a defendant in a criminal court system. The criminal lawyer is the person responsible for developing a case for their defendant. Developing the case includes hours of law research, gathering witness testimonies, reviewing police records and if applicable medical records, and attending all legal based hearings on their current case. Gathering information for a criminal case and attending each legal hearing is enough work on its own. However, most criminal lawyers have a team behind them to help them gather up necessary information for their current case.a criminal behin bars

  1. Family Lawyers

While family lawyers still have to go through the same schooling as other lawyers, they are a bit less involved in the court world—at least compared to a business or criminal lawyer. Family lawyers are those who help with wills, estates, divorce, marriage, prenuptial agreements, and so on. Family lawyers are able to sit in on mediation meetings, and even offer legal advice to their clients. They also help families with adoption, custody battles, and even juvenile troubles.

Becoming a lawyer is not an easy task, but for those passionate about law, it is worth it. If you are unsure of what kind of lawyer you should hire, figure out how to categorize your legal issue. Once you know which category your legal issue falls, you are able to research other types of lawyers to determine which would be the best lawyer to get into contact with. Lawyers are here to help you with the legal process of any issue, and their specialties will guarantee that!

Should you get a Lawyer after a Loved one has passed?

For most of us, the thought of losing a loved one hardly ever passes our minds—I mean, they are going to live forever, right? Unfortunately, at the current time, humans are not able to live forever. People will eventually pass, and we need to be able to handle their passing. Everyone copes in different ways, but there is no doubt that the legal side of death is a difficult one.

What to do if a loved on Passes:

You may have gone through this before. Someone close to you passes, and you are now set to deal with their final affairs. Whether you are the executive of the will, next of kin, or even the spouse, you will have to manage their final affairs.

This can get a little bit stressful (as if death was not stressful enough!), because you need to take into consideration your lost loved ones personal affairs. What was their debt like, did they own their house or were they still making payments, did they even leave a will, is there a life insurance policy, how are you going to pay for a funeral, etc. The list goes on and on.

People avoid hiring lawyers due to the cost. They will spend a few hundred dollars on a lawyer that will only provide a few sessions of guidance to you. Some people find this to be useless spending, while other people stick to hiring a lawyer.

The truth is, you should hire a lawyer—but not just any lawyer. Lawyers practice law in different ways. You have divorce lawyers, criminal lawyers, personal injury lawyers, and so on. Your best bet is to hire a lawyer who specializes in death affairs, estates, wills, and trusts. These lawyers know the law when it comes to death and will keep you out of any trouble.

Sure you can simply google any questions you have, and even ask people around your community for advice. The thing is though, what are the credentials of said advice? Has the person gone through this before (did they hire a lawyer?), have they only ever been on the outside of the situation, were they able to handle their lost loved ones affairs effectively?

rest in peace

Why hire lawyer?

By hiring a lawyer to handle after death affairs, you are getting legal and reliable information. Especially lawyers who have specialized in estates, trusts, wills, etc., they will lead you in the right direction to make the after death process a little less stressful for you.

Even if you just consult with a lawyer after your loved one has passed, you are one step closer to the after death process going smoothly. An initial consultation with a lawyer can give you general information and point you in the right direction for the task at hand. Even though you would be doing most of the heavy lifting, you are still cutting yourself a break by seeking legal advice about what to do after death of a loved one.  

If you have any questions after a loved one has passed, please feel free to reach out at my contact form.