Is Sexual Lifestyle Grounds to Terminate an Employee?

It’s a frightening notion to think that you could be dismissed from your job–or denied the possibility of employment–for being sick. Or simply for having a preference in lifestyle weighed down with decades of misunderstandings and assumptions.

However, there are legal protections in line to prevent discrimination from employers–either present or would-be–on the matter of sexual preference, lifestyle choices and medical status.

Discrimination vs. Lifestyle

As recently as 2017, the Federal Court judged that discrimination by an employer on the basis of an employee’s sexual orientation or lifestyle choices–provided no federal laws are being broken–is illegal. An employee’s lifestyle is not the business of the employer provided that all activities take place off the clock.

Despite the fears that many people have about their lifestyle affecting their ability to become employed, the public view is changing. Even Fortune 500 companies are changing their regulations to protect employees, current and prospective, from discrimination based on their lifestyle or sexual orientation.

Discrimination and Health

Due to the Americans with Disabilities Act, individuals that are HIV positive or have AIDS are protected against discrimination either from current employers or by prospective employers. Although employees being fired due to HIV positive status, such as the event fictionalized in the movie “Philadelphia,” isn’t unknown, strides have been taken to ensure that people have legal recourse to take. Those events took the first step in ensuring that people were treated fairly regardless of their health or their lifestyle choices.

This also means that it’s beneficial for people to know their HIV status as well as look into confidential STD testing for their overall health. With new advances in medication, such as the PrEP pill that can prevent HIV transmission, and widely available support programs, HIV status is no longer the deterrent that it once was.

Is Any Discrimination Legal?

Private employers may claim a certain amount of leeway from the federal government about discrimination practices. However, a few basic facts remain. It is illegal to discriminate against an employee on the basis of their sexual orientation, medical status or lifestyle choices.

What a person does on their own time, provided it doesn’t break federal laws, is their own business. An employer has no right to require certain behavior from an employee when that employee is not on the clock. And any employer that does take action against an employee for their sexual orientation or lifestyle choices is risking legal action. Your personal time is your own, and your personal life choices are the business of nobody but yourself.

How to Dispute Your Wages Rationally and Get Results

Wage disputes usually refer to the negotiations between an employer and its employees regarding compensation. This can happen after termination, during employment, and even after layoffs. In the fight for better wages, it is important that employees take certain steps to protect themselves and their rights. If you are in a wage dispute with your employer, here are some ways to improve the chances of winning your dispute.

Review the Laws Concerning Wages

Before continuing negotiations with an employer, you need to review State and federal laws regarding wages. These laws could have an impact on the outcome of your dispute and might change how you go about it.

If the employer is not meeting the standards set by the government, you could win your dispute by filing a complaint with the relevant governing agency. For instance, if your employer is not paying at least the minimum wage according to your state’s laws, you could file a complaint with the state’s labor board.

Know the Exact Number

One of the mistakes other employees make in wage disputes is not being clear on exactly how much of an increase is expected. This can lead to protracted negotiations that can leave both sides less willing to negotiate.

If you do not know the exact amount of the increase that you want, take the time to find out what the range is for your field. Once you know, select an amount that is at or near the top of the range. This will allow room for negotiating and give you a better chance of winning a better wage.

Directly Answer Challenges

During negotiations, your employer might challenge your right to a higher wage. It is imperative that you directly address the challenges. Failing to do so hurts the negotiations and leaves you vulnerable to a loss. A direct challenge could strengthen your case and help your employer realize you have met the criteria for an increase in salary.

For instance, if the employer states that your work performance does not meet the criteria for an increase, be prepared to provide proof that you are entitled to a raise. Copies of performance reviews, statements from co-workers, and relevant passages from the employee handbook can help prove you do deserve an increase.

Regardless of how well-prepared you are for the negotiations with your employer, there is still the possibility that problems can ensue. An attorney who has experience with wage disputes can help you plan your next move and handle challenges that occur during negotiations.

Is Texting While Driving Grounds to be Charged with a Crime?

Texting while driving has been a hot topic for years, but you may be wondering if you can be charged with a crime for doing so. In most states, there are laws about texting while driving, as only a select few have no texting laws at all. Here are the different types of texting bans.

Primary Enforcement Texting Bans

Many states have primary enforcement texting bans. This enforcement means texting while driving is a crime, and if a police officer sees you doing it, they can pull you over and write you a ticket for it, even if that’s the only thing you were doing wrong.

Several of the states that have primary enforcement texting bans also have hand-held phone use bans. These prohibit you from handling your phone at all while you’re behind the wheel.

Secondary Enforcement Texting Bans

A few states have secondary enforcement texting bans. Texting while driving is still considered a crime in these states, but since it’s a secondary offense, it can’t be the sole reason a police officer pulls you over.

If a police officer sees you texting and driving without committing any other violation, it wouldn’t be legal for them to ticket you. But if you were speeding and texting while driving, they could pull you over for speeding, and then write you a ticket for both violations.

Novice Driver Texting Bans

There is also a small number of states that have texting bans only for novice drivers. For example, in Missouri, there is a texting while driving ban that applies to drivers who are under 21 years of age.

In these states, you’d only be committing a crime if you were in the age range that the texting ban covers. Police officers in states with these types of texting bans typically consider texting while driving a secondary offense and only pull a driver over if there is another violation because it’s difficult and sometimes impossible for an officer to know how old a driver is just by looking at them.

Common Penalties

The standard penalty for texting while driving is a fine, but you could also end up with points on your license. This is one area where an attorney can help you get the best deal.

In most states, texting while driving is a crime. Even if it isn’t in your state, it’s still dangerous, and you’re better off avoiding it.

5 Things to Expect During the Divorce Proceedings

A divorce can be a particularly stressful situation, regardless of whether it is agreed upon or not. It is an emotional rollercoaster full of ups, downs, twists, and loops. You can plan for a general course of action, but you must always prepare for potential hiccups. It is not a quick or easy process. Here are five things to expect that apply to almost every type of divorce.

An Attorney

Many people make the mistake of trying to handle a divorce on their own. Television is partly to blame. Reality, sitcom, and court shows often falsely portray divorces as simplistic. The truth is that different aspects and steps must be explicitly followed. These elements include a legal proceeding that will take place in a courtroom with a judge. Abraham Lincoln once said, “He who represents himself has a fool for a client.”

While divorces can be costly, opting to represent yourself is not a good idea. Hiring an experienced divorce attorney ensures all guides are being followed and all family laws are adhered and followed. The divorce attorney can help you understand everything, from start to finish.

Know Your Facts

Many people expect their attorney to remember every detail and find or obtain every document and piece of evidence. Always be prepared. Keep your notes and copies of materials. Familiarize yourself with every aspect of your case, including any claims made by your spouse. Ask questions when you are confused or uncertain. Be active in your case because your attorney may not always be able to speak for you.

Surround Yourself with Positivity

Many divorcees do not think about the emotional toll that is typically experienced. Even the most amicable, cut-and-dry divorce can cause a feeling of failure combined with other emotions such as uncertainty, anger, and depression. The most beneficial thing you can do is surround yourself with people who will be supportive and positive.

Expect Everything

There is an old saying that states “Hope for the best but expect the worst.” You need to make sure that you prepare for anything that might get thrown at you during your divorce case. It is not uncommon for the ugly side of people to come to the surface, even if you have never seen it before. Expect a lot of back and forth in dividing assets and deciding child custody or visitation. You should also prepare for anything a judge chooses to do with your case, including decisions you might not like.

Multiple Meetings

You will be attending numerous meetings throughout the life of your divorce proceedings. An initial hearing may be scheduled to order mediation. You can expect various meetings with a mediator, mainly if there is difficulty agreeing on the division of assets and child visitation. Your lawyer may also request multiple sessions with you before you have a final hearing in court.

The divorce process involves more than just hiring an attorney and being granted your divorce by the judge. There are multiple steps in between. If you have an amicable agreement and you and your spouse have already decided on the essential things, the process is quicker. Contested divorces and missing spouses can drag out the process substantially. Although the divorce attorney can help guide you through, you must be informed and engaged in your case.