In this article, we will address a few instances in which settlement funding may be appropriate when an employer engages in discrimination against an employee. In Part II, we will identify some of the most common forms of discrimination out of which such litigation emerges.
Most of us would like to imagine that such discriminatory practices do not occur in our society today. However, if you have had that rumination shattered due to such a practice, you may gain some comfort in realizing lawsuit loans are available and in many situations awarded in such cases.
Employment discrimination comes in many shapes and sizes, and is experienced in virtually every imaginable work environment. This practice frequently adversely affects an employer's reputation. Additionally, a business will commonly note a deleterious impact on its profitability as a result of such conduct. Settlement funding may enable you to pursue an action for which you would otherwise be unable to muster the resources.
Discrimination Law is the branch of law that addresses issues related to unfair treatment in employment based on a characteristic protected by the federal and/or state nondiscrimination laws, e.g., age, disability, sex, national origin, race, color, or religious beliefs. Discrimination in employment too frequently has as its aftermath a devastating experience for employees, negatively affecting, among other things, economic security, retirement, and self-esteem.
Hiring and promotions, distribution of benefits, e.g., training and vacation, and the ability to work overtime are illustrative of the cases for which lawsuit loans are provided in cases of employment discrimination. Settlement funding is often necessary in such cases due to the fact that the plaintiff has lost the earning-capacity and can no longer make ends meet over the protracted interval involved in this form of litigation.
Title VII of the Civil Rights Act of 1964 (Title VII), prohibits employment discrimination that has as its predicate race, color, religion, sex, or national origin. Men and women who perform substantially equal work in the same establishment are legally protected from sex-based wage discrimination by the Equal Pay Act of 1963 (EPA).
Individuals 40 years-of-age and older are protected from employment discrimination under the Age Discrimination in Employment Act of 1967 (ADEA). Titles I and V of the Americans with Disabilities Act of 1990 (ADA) prohibit employment discrimination against qualified individuals in the private sector, as well as in local and state governmental sectors.
Sections 501 and 505 of the Rehabilitation Act of 1973 prohibit discrimination against qualified individuals with disabilities who work in the federal government sector.
Employers are often forced to modify such discriminatory practices once a case is filed. Awards arising out of this particular category of claims, if the plaintiff prevails, are often for millions of dollars. Those who file claims in this category must prepare for a long and protracted battle. Settlement funding is often required to maintain such an action while the former employer challenges the allegations on which the claim is based.
This type of litigation is well-suited for lawsuit loans. However, settlement funding is customarily required due to both the protracted nature of the underlying claim and likelihood of appeal if the plaintiff does prevail.