Frequently Asked Employment Law Questions

Knowledge Is Power

When you are experiencing unfair treatment while trying to do your job, you have the right to demand justice. Learning about the law and your guaranteed protections is the first step.

Below are some frequently asked questions about how discrimination in the workplace is viewed under the law. For further information or to consult with a lawyer who will help you get the justice you deserve, contact Elizabeth D. Tate, Attorney at Law.

Q: What is "reverse discrimination?" Can I file a claim if I'm white?

A: Under Title VII of the Civil Rights Act of 1964, all people are protected against employment discrimination on the basis of their race, no matter their skin color. Sometimes referred to as "reverse racism," the term applies when people of a traditional majority race perceives discrimination due to their majority status.

Q: I have a child with a disability. Am I eligible for FMLA?

A: If you have been with your employer for at least 12 months (or 1250 hours), the company has 50 or more employees, and your child has a medical disability that makes it a challenge for you to perform the functions of your job, then it is likely that you could be eligible for unpaid leave under the Family and Medical Leave Act.

Q: Do I have to be willing to sue someone in order to hire an employment attorney?

A: Not at all. Many people find that employment attorneys can help them with just one part of a severance package, for example, even if they have no interest in filing a civil claim. Often it's just a letter or a phone call that's needed to help you negotiate a better financial settlement after leaving a job.

Q: Is SB1070 still enforceable? Can an Arizona cop detain me if they think I'm in the country illegally?

A: No, SB1070 in its original version is no longer enforceable: officers are no longer allowed to stop you on the basis of their "reasonable suspicion" that you could be in the U.S. illegally, particularly if that suspicion is based on your skin color or suspected national origin. However, they may instead contact U.S. Immigration and Customs Enforcement.

Fight For Your Rights

Contact Elizabeth D. Tate Attorney at Law to follow up on this employment law FAQ or to get information about another area of employment and discrimination law.

Her office is in central Phoenix, where you can call her for an appointment: 602-842-6971. Alternatively, you may fill out this online contact form and she will be in touch.