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Certain laws are in place at state and federal levels that prohibit discrimination of any person based on that person's sex, race, physical disability, national origin, age and religion. In some instances, laws prohibit discrimination based on the sexual preference of a person. For instance, companies cannot refuse to hire someone just because that person is a homosexual.

The most recognized of all civil rights are those involved in the Civil Rights Act. This Act was put into place in 1964 and prohibits discrimination of any person based on that person's race, religious preferences, color or country of origin. Discrimination is prohibited in any public establishment. For instance, a restaurant cannot refuse to serve any customer simply because of that customer's race, color or religious preferences. Public places include restaurants, hotels, bars, movie theaters and other areas where consumers congregate in public.

Title VI of the 1964 Civil Rights Act also prohibits the discrimination of any person based on their color, race, sex or religious preferences as well as other personal attributes from any program that is federally funded. Title VII of this act prohibits an employer from discriminating against anyone based on their sex, color, race or religion as well as their age and/or disability.

Common areas where discrimination litigation may occur include housing, education and employment. Litigation is a practice that involves protecting a consumer's rights by enforcing the Civil Rights Act and any other regulations governing civil rights. Groups that are protected by the Civil Rights Act of 1964 and all other regulations are legally defined and anyone proven to be discriminating based on those rights can incur fines and/or imprisonment.

There are a number of attorneys that specialize in civil rights law, helping those who feel that they have been discriminated against with lawsuits. Some attorneys work with specific areas of civil rights laws. For instance, one attorney may specialize in helping minorities who feel that they have been unduly discriminated against in the criminal justice system. These attorneys normally represent clients in front of government agencies and are highly skilled and experienced in civil rights laws and how they apply to citizens.

Those who feel that they have been discriminated against in any way should contact an attorney who specializes in these cases. Civil rights laws are very clearly defined but it often takes an experienced attorney to prove that discrimination has actually taken place. If you feel that you have been discriminated against because of your race, color, sex, age or any other personal attribute, it is essential that you contact an attorney with experience in civil rights litigation to discuss the possibility of filing a lawsuit. ]]> Mon, 27 May 2013 16:41:00 +0000 http://www.paralegalsblog.com/guides/how-civil-rights-laws-protect-you/ http://www.paralegalsblog.com/guides/how-civil-rights-laws-protect-you/
No win no fee defined
As the name suggests, no win no fee arrangements had no inherent upfront cost to the claimant, while there was still no cost if a claimant lost the case. However, if a case was won, a claimant kept 100 per cent of any damages that were awarded, while the claimant’s legal costs, plus a ‘success fee’, were recovered from the losing side.

The birth of compensation culture
The no win no fee arrangement was brought into practice in 1995, as a replacement to Legal Aid. The intention of the move was to widen access to justice, for those who previously couldn’t afford to pay exorbitant legal fees in order to pursue a claim.

In the early days of the no win no fee arrangement, the government’s new policy had much of the positive impact that was expected. Over the last decade, however, the no win no fee arrangement has indirectly resulted in the creation of a compensation culture in the UK, with people making dubious or even fraudulent claims. The UK has become the whiplash capital of Europe, with the emergence of gangs who make their living from false accident claims, as well as a rise in the number of unscrupulous accident management companies, who derive their income from selling accident data to law firms, who encourage people to make questionable claims.

Inherent dubiety
The development of a compensation culture in the UK has led to accident claims of all kinds being met with inherent dubiety.

The knock-on effects have been palpable. The rise in whiplash claims has driven up the average insurance premium up to unsustainable levels, while those with genuine accident claims find difficulty receiving the compensation they deserve, owing to the inherent scepticism that comes with such claims.
Something had to change.

A watershed moment
On 1 April 2013, the way in which no win no fee claims are funded was fundamentally altered as part of the Legal Aid, Sentencing & Punishment of Offenders Act.

From this date forward, claimants still will not be expected to pay upfront fees to cover legal expenses, or be expected to cover the cost of legal fees if a case is lost, but henceforth, the ‘success fee’ will be paid by a successful claimant. This will be deducted from the claimant’s damages and it can be up to 25 per cent of the total damages awarded.

The intended outcome of these changes The change in legislature is intended to discourage manufactured or exaggerated claims on the part of claimants, while also deterring unscrupulous personal injury firms from overinflating legal costs, with the indirect aim of ridding the market of such firms and leaving only reputable operators, such as Co-operative legal services.

By making the claims process more transparent, it is hoped that some headway will be made in reducing the £2.7 million per day that consumers pay personal injury lawyers through their insurance premiums, as well as making it easier for those who sustain genuine injuries to make a successful claim. ]]> Wed, 01 May 2013 13:29:25 +0000 http://www.paralegalsblog.com/guides/understanding-the-changes-to-no-win-no-fee-claims/ http://www.paralegalsblog.com/guides/understanding-the-changes-to-no-win-no-fee-claims/
One of the main reasons that employees choose to form unions is for higher pay. They know that they are very likely to receive a higher wage when a union is formed. They also expect healthcare benefits as well as pension benefits when they form a union. In order to guard against this risk, you should take a good look at your current pay and benefits packages. Make sure that the wages you offer and the health and pension benefits are consistent with what others in your industry are offering. You may want to consider a slight adjustment in benefits or wages in order to satisfy employees who may be thinking of unionizing.

Of course, money is not the only reason for some unionization. Some employees simply feel as if management does not pay attention to them. They do not feel as if they have a voice in the workplace. If they have complaints or suggestions that they feel are not being heard, they may become dissatisfied with their jobs and your company in general and consider forming a union. Unions are designed to help negotiate with management to ensure that employees have more suitable working conditions and fairer treatment. If you are not listening to your employees then they may very well begin thinking about unionization. You need to implement a way that your employees can provide you with input and feedback so that they will know they are getting through to you.

The National Labor Relations Act encourages employees to exercise their right for collective bargaining. You cannot legally stop your employees from forming a union and you are not permitted to retaliate against them if they do. Federal labor laws protect the forming of employee unions and you are required to allow your employees to do so if they wish. You can however, begin taking steps that may satisfy your employees so that they do not choose to form a union after all.

Understand that there are certain exceptions to the rule for forming a union. There are certain industries and employee types that do not automatically have the right to unionize. You can check with the National Labor Relations Board to learn more about these exceptions and see if your employees are included in the exceptions. If not, you may simply need to reevaluate how your employees are paid and treated.

If you are providing your employees with a safe working environment, offering a fair rate of pay and good benefits and showing them that you care about their opinion and concerns, you are less likely to have issues with those employees wanting to form a union. Satisfied workers are much less likely to consider unionization and are much more likely to perform their jobs to a higher standard. ]]> Sat, 20 Apr 2013 06:12:00 +0000 http://www.paralegalsblog.com/guides/why-do-employees-form-unions/ http://www.paralegalsblog.com/guides/why-do-employees-form-unions/
The first step in such a case is to contact a personal injury law firm. If your loved one is not physically able to answer questions and perform other needed tasks, they may elect you to do so on their behalf. You can speak with the attorney about the case to answer questions and generally get the lawsuit process started. In many personal injury cases, the actual victim may be so severely traumatized or injured that he or she may simply not be able to meet with an attorney. In these cases, the victim may prefer that a family member or close friend handle the responsibilities of filing for them.

In any personal injury case, it is essential that you speak with a qualified attorney who has experience in handling these types of cases. whether or not your loved one survived the accident that caused his or her injuries, an experienced attorney will be better prepared to help you to determine if you have a case worth pursuing and will be able to help you to determine the right compensation amount, file the proper papers and perform other tasks necessary to the success of your case.

If you are acting on behalf of a loved one, it is essential that you are patient. The victim of a personal injury accident may often not have the strength to actually perform tasks associated with their case as needed. Understand that sometimes he or she may simply wish not to discuss the case at all. Traumatic experiences often leave victims unable to cope with certain emotions. You and your chosen attorney can be gathering evidence and doing other things to help the case along while your loved one continues to heal.

When the victim is speaking of the incident, it is important that you write down as much as you can. Sometimes injuries prevent victims from recalling the actual specifics of an accident. If your loved one is recalling what happened, write it down so that you will have a firsthand account of the incident from the actual victim. It is well within your rights to file a personal injury claim against a party responsible for the death of your loved one as well. If an accident or neglect has led to your loved one’s demise, it is essential that you contact an attorney who has experience in pursuing compensation in these types of cases. Only an attorney with experience will be versed in laws and regulations in your area and have the experience needed to successfully pursue a personal injury case. ]]> Tue, 19 Feb 2013 16:01:58 +0000 http://www.paralegalsblog.com/guides/helping-your-loved-one-with-a-personal-injury-case/ http://www.paralegalsblog.com/guides/helping-your-loved-one-with-a-personal-injury-case/
Energy laws deal with the dealings, legal matters and transactions involving the energy industry. Where environmental laws are designed to protect the Earth, energy laws deal with how the industry works. Attorneys who specialize in energy law are typically required to perform tasks such as providing legal assistance to companies that are involved in disputes over energy. An oil company for instance may face legal repercussions due to an oil spill in the ocean. The BP oil spill of 2010 would be a good example. Nuclear power stations typically need the assistance of an energy specializing attorney in cases such as problem with reactors that may cause outlying damage.

Energy attorneys also help with the development and financial planning of new projects. The energy industry in general is regulated heavily and companies implementing new projects have to ensure that those projects are following legal guidelines. Attorneys who specialize in energy laws may help these companies to raise the capital that they need for this new project or they may get involved in legislative actions regarding new sources of energy.

Energy laws can be quite confusing. It is the attorney’s job to ensure that companies are complying with federal laws and regulations and that they are not being victimized by other companies. Many lawyers specializing in this field represent corporations as well as consumers and non-profit environment groups. There are many different areas within the energy sector where an attorney with specialization could practice.

Companies in the energy industry or those who deal regularly with energy providers should know and understand current laws and regulations governing this industry. Things like price fixing, acquisitions and competition in the energy industry are strictly regulated and any company dealing with these issues should know the laws pertaining to those actions. Those who do not comply with federal laws could face hefty fines and in extreme cases could see their company disassembled.

Energy laws are designed to protect consumers and businesses from a number of fraudulent and otherwise improper actions. Those who feel that they have been victimized by energy companies should find an attorney who specializes in these laws for assistance. Any corporation or organization that plans to enter the energy industry or has plans of dealing with the energy industry should also consult an attorney to ensure that they are following the proper guidelines and are complying with federal energy laws. The energy industry is ever changing and as new developments take shape, it is important that all companies in the industry follow the guidelines that are designed to govern the industry. ]]> Mon, 18 Feb 2013 07:49:05 +0000 http://www.paralegalsblog.com/guides/understanding-energy-law/ http://www.paralegalsblog.com/guides/understanding-energy-law/