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Federal Employment Laws: Overview of Claims under Title VII of the Civil Rights Act of 1964 - elements, damages, time limits

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Overview of Claims under Title VII of the Civil Rights Act of 1964: elements, damages, time limits Federal employment regulations derive from laws passed by Congress, as well as federal agencies and executive orders. Generally speaking, federal employment regulations commonly focus on fair treatment of workers.  Most employment laws can be categorized in 4 areas of the regulatory environment.  First, equal employment opportunity laws prohibit specific types of discrimination in the workplace. Examples include: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 [race, color, gender, religion, national origin];  Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 to 634; Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12112 to 12117; and The Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 28 The EEOC oversees compliance with these laws (except claims under the FMLA).  Second, additional laws control compensation through federal regulati
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Job Site Injury? Are you an independent contractor or an employee? The ten-factor test is key to determining whether you have a personal injury negligence case or a worker's compensation case. In Indiana, if you sustain a job site injury one of the questions that could arise is whether you are an independent contractor or an employee. If you are an employee, then your only option would be pursuing a worker's compensation case. If you are an independent contractor, then you could pursue a personal injury negligence case if you can show that a third party was responsible for your injury, i.e., negligent. Courts in Indiana use a ten-factor test to distinguish employees from independent contractors. This ten-factor test was addressed in the case  Moberly v. Day , 757 N.E.2d 1007 (Ind. 2001), where the Indiana Supreme Court set forth a ten-factor analysis to distinguish employees from independent contractors.  The factors are: (a) the extent of control which, by the agreement, the m
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Location: Fort Wayne, IN, USA
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  Indiana Case Law Update: An independent contractor's personal injury negligence case was not barred by the exclusivity provision of the Indiana Worker’s Compensation Act. Recently the Indiana Court of Appeals issued a decision in the case  Palmer v. Ake, Fas Pak, Inc., and Bernacchi,  2021 Ind. App. LEXIS 400 * | 2021 WL 6058471 (Ind. Ct. App. 2021) that involved a  worker's action to recover damages for injuries he sustained when he was working on the roof of a barn and part of the barn collapsed.  Defendants filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Trial Rule 12(B)(1) arguing that injured worker was an employee and that his exclusive remedy fell under the Indiana Worker’s Compensation Act. The trial court agreed with the Defendants and dismissed the case. The injured worker appealed the trial court's decision. The Indiana Court of Appeals held that the trial court erred by dismissing the injured worker's negligence lawsuit becau
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Location: Fort Wayne, IN 46802, USA
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