About John Devendorf, Esq.
John Devendorf is a graduate of UCLA and holds a J.D. from Seton Hall University School of Law, where he was a Distinguished Scholar, recipient of the ALI-ABA Scholarship and Leadership Award, and a participant in the Immigrant Workers’ Rights Clinic and special delegation to Haiti.
A licensed attorney for more than a decade, John transitioned to a career as a legal content writer and editor after an externship with the IRS, a judicial clerkship, and practicing at a civil litigation firm in Princeton, New Jersey. John now lives in Portland, Oregon, where he enjoys writing, international travel, and escape rooms.
Articles written by John Devendorf, Esq.
Can I File a Discrimination Lawsuit If I'm Not a US Citizen?
Non-U.S. citizens can file an unlawful discrimination lawsuit for unfair treatment because employer liability extends to workers regardless of immigration status. Employers cannot take adverse employment action against protected classes based on national origin or citizenship status, including undocumented workers. Non-citizens can file an EEOC administrative charge for discriminatory acts by their corporate employer within the statute of limitations to get a right-to-sue letter. Talk to a …
What Are the Penalties for Employers Who Discriminate?
The penalties for employers who discriminate include statutory fines, compensatory damages, and injunctive relief for employer retaliation. Employers' penalties for adverse employment action based on workplace discrimination include lost wages, back pay, front pay, civil penalties, and punitive damages. Penalties for wrongful termination may include employee reinstatement, and the legal remedies for breach of contract claims often include liquidated damages. Contact an attorney to file an EEOC …
What Is the Statute of Limitations for Filing a Discrimination Lawsuit?
The statute of limitations for workplace discrimination claims varies depending on state and federal law, and between a formal lawsuit and an EEOC administrative agency complaint. The strict time limit for employer liability runs from the date of protected class workplace mistreatment, and waiting too long will result in a case dismissal and loss of financial compensation. There are tolling exceptions for civil rights violations that can extend the filing deadline. Contact an employee rights …
How To File a Discrimination Complaint With the EEOC
File a workplace discrimination charge by reporting employer retaliation to the EEOC within the 180-day time limit to start an EEOC investigation. In the EEOC complaint, include the adverse employment action against a protected class, discrimination evidence, and submit the intake questionnaire before the filing deadline. After the mediation process and exhausting administrative remedies, you can get a right-to-sue letter for financial compensation. Your employment lawyer can file a civil …
Can I Sue for Discrimination If I Am a Freelancer or Independent Contractor?
You can sue for discrimination as an independent contractor if you have employee status because of worker misclassification, or contractors can sue for breach of contract. Employees have the burden of proof to show the employer's adverse action against a protected class based on discriminatory intent. Some hiring entities wrongly classify workers with independent contractor status to claim Title VII exemptions for workplace harassment and state labor laws. You have the right to sue for wrongful …
Transgender Rights Against Discrimination
Federal civil rights laws and state laws protect transgender individuals against discrimination, retaliation, and workplace harassment. Title VII protections prohibit adverse action or hostile work environments based on gender identity or gender expression, and employees can file an EEOC discrimination claim for civil rights violations. The Bostock precedent extends equal protection to gender identity and gender expression. Transgender workers facing pretextual firings or wrongful termination …
Sexual Orientation and Gender Identity Discrimination Protections
In 2015, the U.S. Supreme Court ruled that the fundamental right to marriage is not limited by a person’s sexual orientation. In 2020, the Court ruled that sexual orientation and gender identity are included in Title VII's prohibition of sex discrimination in employment. Despite progress in areas like marriage and employment, protections for LGBTQ+ Americans do not exist in all areas of life due to the lack of federal law and a legal patchwork across the country. This leaves millions of …
Gun Laws and Regulations: A Legal Overview
Gun laws protect civil liberties while regulating firearm restrictions, including background checks, gun permits, and firearm licensing requirements. The Second Amendment protects the right to bear arms, but gun ownership rights are still subject to gun control state statutes and federal regulations. Gun restrictions must balance a gun owner's constitutional rights to lawful possession with public safety and security interests. Check with your state gun laws to understand the local regulations …
What Is Required by Due Process?
Due process is the legal tool that requires the government to follow rules and procedures to ensure fair hearings. The Fifth Amendment provides that no person shall be deprived of life, liberty, or property without due process of law. Due process extends to the states via the Fourteenth Amendment and requires formal notice and the right to legal representation in a public hearing before a neutral judge. Procedural safeguards include reasonable notice, an opportunity to defend, the submission of …
How To Get Legal Help for a Civil Rights Issue
Contact a civil rights attorney to file a complaint or a civil lawsuit to recover compensation for your unequal treatment. Seeking legal representation for civil rights violations means gathering evidence of police misconduct and filing discrimination claims that involve protected classes. Your legal remedies include going through the administrative process with the relevant government agency or taking your case to federal court for an injunction or financial compensation. Get a legal …
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