About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
How Long Do I Have To Contest a Will?
Losing a loved one is difficult enough; contesting their will adds another layer of emotional strain. Disputes over a loved one's will are more common than you might think. Whether you're a named beneficiary, a close family member, or a concerned heir, it's important to understand your legal rights when you believe a will may be invalid. Here's what you need to know about contesting wills and what it could mean for you and your family. For legal help, reach out to an estate and trust litigation …
Can I Sue To Get Equal Pay?
You can sue to get equal pay if there is a pay disparity based on protected classes or sex discrimination. The Equal Pay Act and Title VII impose employer liability for wage discrimination where there is a pay gap between classes for substantially equal work and job duties. Before you can file a lawsuit for wage discrimination or retaliation, you may need to file an EEOC charge and meet the burden of proof to get a right-to-sue letter. File your equal pay lawsuit before the statute of …
Protections Against Discrimination for Criminal Conviction
Federal laws do not include criminal convictions as a protected class, but state employment discrimination protections include "ban the box" and "fair chance" laws. Some states prohibit job denial based on arrest record, but Title VII of the Civil Rights Act and EEOC guidelines can prohibit hiring practices that have a disparate impact on a protected class. Doing a background check of job applicants without consent is an FCRA violation. Under fair chance laws, employers are liable for asking …
What Is Housing Discrimination?
Housing discrimination is the denial of housing, unlawful eviction, or other illegal housing practices based on racial discrimination, disability discrimination, and other protected classes. The Fair Housing Act (FHA) prohibits discriminatory housing practices and provides landlord liability for civil rights violations. Illegal practices by housing providers include housing steering, retaliation for lack of reasonable accommodations, and blockbusting that has a disparate impact. You can file a …
What Is Race-Based Discrimination?
Race-based discrimination is disparate treatment and systemic bias in employment based on the protected class of race. Employers cannot take adverse employment action based on racial discrimination or workplace harassment, which violates Title VII of the Civil Rights Act. Workers facing mistreatment at work, workplace retaliation, or unfair hiring company policies with a disparate impact can file a civil rights complaint with the U.S. Equal Employment Opportunity Commission (EEOC). Employees in …
Can I Sue for Reverse Discrimination?
You can sue for reverse discrimination if you are a majority group member and experience lost employment opportunities in violation of the Civil Rights Act. Title VII prohibits unfair treatment and adverse employment actions based on protected classes, and workers can file an EEOC complaint showing the disparate impact of an affirmative action policy. The employee claiming a lack of career advancement has the burden of proof in a discrimination lawsuit to show preferential treatment. File a …
What Are the Rights of Prisoners in the US?
Prisoner rights in the U.S. protect the constitutional rights of inmates, including religious freedom, the right to medical care, and protection from harm. The Eighth Amendment prohibits cruel and unusual punishment and deliberate indifference of prison officials to dangerous prison conditions. Prisoners also have First Amendment protections and due process rights to protect their access to courts for disciplinary hearings that may result in solitary confinement. For equal protection …
What To Do If You Experience Police Brutality
If you experience police brutality, seek medical treatment, document your injuries, get a copy of the police report, and gather witness statements. Police misconduct violates your constitutional rights, and a Section 1983 civil rights claim provides legal remedies for the use of excessive force. Law enforcement officers have qualified immunity, but you can also file a civilian complaint to internal affairs for police misconduct. If you are a police brutality victim, gather evidence and contact …
Religious Freedom and Discrimination: A Legal Overview
Religious discrimination is disparate treatment of employees based on sincerely held beliefs, which violates the First Amendment. Title VII of the Civil Rights Act requires employers to provide reasonable accommodations for the free exercise of an employee's religious practices unless it creates an undue hardship. Workplace bias includes a hostile work environment, prohibited religious garb, or denied schedule modifications. Employees in a protected class experiencing employment discrimination …
What Is Double Jeopardy?
Double jeopardy is a legal defense based on the Fifth Amendment constitutional protection that prohibits multiple prosecutions for the same offense. The Bill of Rights protects against government overreach and re-litigation in a criminal trial after a final judgment, jury verdict, or mistrial with prejudice. Double jeopardy attaches when the jury is sworn in. A defendant can face a new trial after conviction reversal on appeal, but not for a prior acquittal. Dual sovereignty allows for state …
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