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.
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 …
What Are My Rights When Stopped by the Police?
When stopped by the police, you have a Fifth Amendment Constitutional right to remain silent and can refuse consent to a search without a search warrant. Police officers must have reasonable suspicion for a traffic stop and must have probable cause to make an arrest. Wrongful arrest or use of excessive force is a police misconduct civil rights violation, and you can suppress evidence gathered in an unlawful seizure. Officers can do a pat-down frisk for a Terry stop, but you can ask the reason …
Rights of Student Protesters
Student protest rights protect the First Amendment political expression rights of public school students, including distributing flyers, symbolic apparel, and peaceful protests. School administrators cannot take disciplinary action for free speech unless it causes a substantial disruption under the Tinker standard. School officials can issue suspensions for student walkouts when it violates school policies because it is not considered protected speech. Students have stronger freedom of …
What Are My Rights as a Protester?
You have the right to freedom of speech, the right to protest in a public forum, peaceful assembly on public property, and the right to film police during a protest. First Amendment Constitutional protections require any permit guidelines that limit the time, place, or manner of assembly to be content neutral and narrowly tailored. Civil rights protections do not extend to private property and can lead to dispersal orders and criminal trespass. Victims of unlawful arrest or use of excessive …
How Do I Fight a Speeding Ticket?
Drivers can fight a speeding ticket by pleading not guilty at the arraignment to get a court date. After entering a not guilty plea, drivers can make a discovery request for the officer's notes and radar calibration, and cross-examine the police about the officer's training and pacing methods. Drivers can also use evidence, including dashcam footage, GPS data, witness testimony, speed limit signage, and maintenance records, to challenge LIDAR accuracy. If you think your speeding violation is …
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