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Discrimination Law - Legal Information and Resources

Discrimination

Employment discrimination is punishable by law based on the humanistic theory that all beings are created equal and must be afforded equal rights and equal protection of the law. Employment discrimination in the United States stems from issues relating to age, disability, ethnicity, race, religion, sex, and in recent years, gender. The U.S. Constitution, through the Fifth and Fourteenth Amendment prohibits federal and state governments to discriminate. While the U.S. Constitution does not extend to private businesses, a growing number of cases through the years had the U.S. Supreme Court interpreting the anti-discriminatory provisions as applicable to both the public and private sectors.

Discriminatory practices relating to employment are prohibited by both federal and state statutes. Discriminatory practices include bias in hiring, promotion, compensation and termination. Discriminatory practices also include sexual harassment. Equal protection right requires state and federal governments to treat employees, former employees, and job applicants equally, regardless of sex, race or religion. One of the most common issues arising from violation of the equal protection clause would be refusing women or members of the LGBT community the same promotion opportunities or the same pay afforded to male workers, or refusing married homosexual couples the same employment benefits afforded to married heterosexual couples. Moreover, women have also been historically victims of discriminatory employment practices that numerous nationwide class actions have been spawned as a result of these practices.

Under the right to due process, employers are required to give employees a fair process especially when there is investigation involving an employee or in cases of termination. One of the common cases arising from employers' violation of the right to due process would be terminating an employee because the employee exercised his or her right to form or join a union. In addition, there are several cases of employees who were laid off because they sued their employer.

When found to have suffered from discrimination, an employee may seek redress for damages against the employer. Under the U.S. Code, employees are guaranteed the right to a jury trial for cases seeking compensatory and punitive damages arising from discriminatory practices. The Civil Rights Act of 1964 also prohibits discriminatory practices by employers who have businesses in two or more states. While state and federal statutes are specific as what consists discriminatory practices, proving its existence is not easy and would require an attorney specializing in these matters. Filing a claim or a suit has to go through a tedious process that would often involve a review by a government agency and a race against statute of limitations. On top of that, the employee, being the plaintiff, also has to shoulder the cost in procuring evidence of the alleged discriminatory practices.

It is not easy for an employee, especially if acting alone, to battle an employer as the employer typically has a bevy of lawyers on stand-by to argue that the employment practice is not discriminatory and is in accordance with the law. Add to this another huge difficulty when that employer is a major corporation, whose power is not just limited to its business industry, but also extends to all three branches of the government.

Areas of Law

Foreclosure Law - Legal Information and Resources

Foreclosure Law

A deluge of defaults in mortgages several years ago led to an unexpected financial crisis. The foreclosure of one's home, especially if it is a first home or an only home, is not just a pain in the pocket but also a pain in the heart. Many individuals who faced foreclosure of homes sought protection under bankruptcy to help them evade, or, in the least, delay the possibility of homelessness.

Foreclosure law is mainly controlled by state law. This means that each state has laid out different rules and regulations governing the process by which a mortgage lender, usually a bank, takes possession of a home and sells that home when the homeowner cannot pay the loan. Though the law and the procedures governing foreclosure varies in each state, the end result is the same: the borrower loses his or her to the home. A foreclosure proceeding begins when an individual borrows money to purchase a home or to renovate a home. The lender, usually a bank, makes the borrower sign a mortgage document stating that the bank has a lien in the home. This means that if the borrower cannot pay the loan, the bank will have the right to take the home and sell it to pay for the loan. A mortgage document is an agreement that the home will serve as the collateral of the loan.

A home is probably the most important purchase an individual will make in his or her lifetime. A home signifies an elevation in status or security. It is thus imperative that a home buyer know the different laws that would accompany when taking out a loan to buy the house. Banks and financial institutions are helpful when it comes to assisting the home buyer in securing the loan. There are also government agencies that would assist individuals when buying a home. There are, however, nuances in the law that would need the expertise of an attorney.

For instance, when the borrower defaults, foreclosure may not be necessary, especially when an attorney knows the best way to deal with the situation. Foreclosure is a lengthy and costly proceeding, thus lenders do their best to make sure borrowers pay on time. At the end of each foreclosure proceeding, the borrower loses his or her home. Foreclosure can be avoided with the help of expert foreclosure law attorneys. One of the ways to avoid foreclosure would be for the borrower to pay the loan amount in full, extinguishing the mortgage. Another way to avoid foreclosure would be for the borrower to pay only the missed payments and penalties, often in the form of interest, reinstating the loan.

Paying, however, is most often not an option for borrowers as the lack of funds is precisely the reason why they missed payments in the first place. The borrower may still avoid foreclosure by asking for a forbearance from the bank. This means the bank will temporarily halt the payments for a certain period of time before the borrower resumes payment. This option depends on the current situation of the borrower. Some banks are lenient and would likely forego payment of penalties for borrowers who are out of work. In addition, foreclosure law attorneys can help borrowers obtain a change of the terms of their loans. Modifications include extending the payment period, reducing the principal amount, or interest. Foreclosure law attorneys can also help borrowers seek subsidies from government programs.

Areas of Law