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Date: 11-16-2023
Case Style:
Case Number: 1:23-cv-00645
Judge: James R. Sweeney II
Court: United States District Court for the Southern District of Indiana (Marion County)
Plaintiff's Attorney:
Defendant's Attorney: Christina M. Kamelhair and Michael Carl Mohler
Description: Indianapolis, Indiana civil rights lawyer represented the Plaintiff who sued the Defendant on a 42:2000e Job Discrimination (Employment) theory.
"Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.), also known as the Equal Employment Opportunity Act (EEO Act), is a federal law in the United States that prohibits employment discrimination based on race, color, religion, sex, and national origin. The law was enacted in 1964 during the Civil Rights Movement after passage of the Civil Rights Act of 1964. It was later amended to include prohibitions against discrimination based on sex (1972) and disability (1990), and to prohibit employment discrimination against older workers (1967).
Key Provisions of Title VII
Title VII prohibits employers, labor unions, employment agencies, and the federal government from discriminating against employees on the basis of race, color, religion, sex, and national origin. The law applies to all employers with 15 or more employees, and to labor unions and employment agencies with 15 or more members.
Prohibited Practices
Title VII prohibits a wide range of employment discrimination practices, including:
Refusal to hire: Employers cannot refuse to hire an applicant because of their race, color, religion, sex, or national origin.
Discrimination in terms and conditions of employment: Employers cannot discriminate against an employee in hiring, firing, promotion, compensation, or other terms and conditions of employment because of their race, color, religion, sex, or national origin.
Harassment: Employers cannot create or tolerate a hostile work environment for employees based on their race, color, religion, sex, or national origin.
Retaliation: Employers cannot retaliate against employees for filing a charge of discrimination or for participating in an investigation of discrimination.
Who is Protected Under Title VII
Title VII protects all employees, including permanent, temporary, part-time, and contract workers. It also protects job applicants and former employees.
What to Do If You Believe You Have Been Discriminated Against
If you believe that you have been discriminated against in the workplace, you should take the following steps:
Document the discrimination: Keep a record of the discriminatory events, including the dates, times, and locations of the events, as well as the names of any witnesses.
Report the discrimination to your employer: Your employer may be able to resolve the issue internally.
File a charge of discrimination with the Equal Employment Opportunity Commission (EEOC): You have 180 days to file a charge with the EEOC from the date of the discrimination. You can file a charge online, by mail, or in person.
Consider hiring an attorney: An attorney can help you understand your rights and options, and can represent you in an EEOC investigation or in court.
Remedies for Discrimination Under Title VII
If an individual is successful in proving a claim for discrimination under Title VII, they may be entitled to a number of remedies, including:
Back pay: Back pay is the wages that an individual would have earned if they had not been discriminated against.
Front pay: Front pay is the wages that an individual is expected to earn in the future if they are unable to find a job due to discrimination.
Reinstatement: Reinstatement is the right of an individual to be reinstated to their job after being discriminated against.
Injunctive relief: Injunctive relief is a court order that prohibits the defendant from continuing to discriminate against the individual.
Compensatory damages: Compensatory damages are damages that are intended to compensate the individual for the harm that they have suffered as a result of the discrimination.
Punitive damages: Punitive damages are damages that are intended to punish the defendant for their reckless or willful conduct.
Conclusion
Title VII is a vital law that protects the rights of millions of American workers. It has helped to create a more fair and equitable workplace for all. If you believe that you have been discriminated against in the workplace, you should take action to protect your rights."
Google Bard
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: