About Oni Harton, Esq.
Oni Harton is an experienced estate planning and litigation attorney. She has been writing and researching for more than two decades and enjoys contributing to efforts that connect people with critical legal services. Oni contributes to Super Lawyers by creating content and verifying the legal accuracy of articles. Oni is an Indiana University School of Law graduate. She is licensed in Indiana.
Articles written by Oni Harton, Esq.
Abortion Laws by State: Guide to Abortion Access and Restrictions
For nearly 50 years, Roe v. Wade (1973) established the constitutional right to abortion in the United States. This changed in 2022 following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe, leaving abortion regulation to individual states. With access to abortion varying widely by state in the post-Dobbs era, it’s important to be aware of your rights and the abortion laws in your state. If you have questions about your reproductive …
Suing in Small Claims Court: State-By-State Limits, Fees, and Steps
Small claims court is a local court process that allows individuals and businesses to resolve minor financial disputes quickly and easily without necessarily needing a lawyer. If someone owes you money for a loan or personal property damage, or a contractor failed to finish the job you paid them to do, small claims court offers a simple way to go to court to get a resolution to your legal matter. For more complex cases, you may find it helpful to consult a local attorney for legal guidance. If …
What Data Privacy Laws Protect Me? A State-By-State Guide
If you live in the United States, your personal data privacy can be protected by a combination of state and federal laws. While there is currently no comprehensive federal data privacy law, an increasing number of states have enacted data privacy legislation. These laws include the California Consumer Privacy Act (CCPA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA). If you have questions about your data privacy rights or feel your rights have been violated, seek …
Drug Screening in the Era of Legalized Marijuana
Many states have legalized marijuana for both medical and recreational use, and workplace drug testing laws are evolving. A few states that have legalized cannabis place limits on testing employees and applicants or protect employees from discrimination based on their legal use. However, most states in this position allow employers to test for marijuana use. If you have a question about employment-related drug testing or have concerns about how the employer handled your workplace drug test …
What Are My Rights If I Am Pregnant at Work?
Federal laws provide protections and accommodations for employees during pregnancy. This article will explain your rights as a pregnant employee and how to address pregnancy discrimination. For legal advice concerning your employee rights during pregnancy, reach out to an experienced employment lawyer. Legal Protections for Pregnant Employees Federal and state laws protect pregnant employees from discrimination. Federal pregnancy anti-discrimination laws are enforced by the U.S. Equal …
How To Request Workplace Accommodations for Disabilities
If you are an employee with a disability, you have the right to reasonable accommodations that will allow you to perform your job. Employers must comply with specific laws that protect employees from discrimination, such as the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). "Under laws like the ADA and PWFA, reasonable accommodation comes down to whether the employee can still perform the essential functions of their job with the accommodation," explains …
Proving Discrimination in the Workplace: A Step-by-Step Guide
To prove workplace discrimination, you must show workplace harassment or retaliation is motivated by bias in an EEOC filing. Employers are liable for discriminatory adverse employment action against a protected class, including wrongful termination and a hostile work environment. Workers have the burden of proof to show disparate treatment through direct and circumstantial evidence, including documentation, personnel records, and witness testimony. With a right-to-sue letter, you can file a …
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 …
What Is a Protected Class in Discrimination Law?
A protected class in discrimination law is a group covered by employment discrimination laws under Title VII of the Civil Rights Act. Federal and state laws protect equal employment opportunities to members with protected characteristics and prohibit adverse employment actions and workplace harassment. EEOC regulations require employers to provide reasonable accommodations for protected workers. Workers experiencing discriminatory conduct or a hostile work environment can file an EEOC claim or …
How To File a Complaint for Civil Rights Violations
To file a complaint for civil rights violations, submit your complaint form for agency review, such as an EEOC complaint or a DOJ submission. Submit your claim with the filing fee, incident documentation, witness statements, and proof of defendant service. Some claims require administrative exhaustion before you can get a right-to-sue letter for judicial relief. Administrative review includes periods for evidence gathering, the investigation phase, and mediation sessions. The statute of …
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