Litigation of Title VII and Other Claims

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cases of discrimination

The majority of what most people consider to be cases of discrimination are covered under Title VII of the 1964 Civil Rights Act as amended. Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. However, Title VII is not the only federal regulation that protects an individual against unlawful discriminatory conduct. The Age Discrimination in Employment Act of 1967 (ADEA), protects individuals who are 40 years of age or older; and, the Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008, prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments. In Idaho, Title 67 Chapter 59 of the Idaho Code mirrors the protections provided under federal law. Generally, most employers will have policies which in letter and sprit provide protection that mirror the requirements of the applicable federal and state laws. However, there are those times when the employer and employee cannot resolve their differences within the confines of the employer’s rules and policies. When the matter can not be resolved in-house then inevitably, as the existence of the state and federal judicial system attest, some cases will proceed through the prerequisite administrative steps and then to litigation.

frequently asked questions

What will happen if a case cannot be resolved through the use of internal procedures and the aggrieved party seeks further redress? What is the process? How long will it take? These are questions frequently on the minds of potential litigants and employers and this is not surprising. Formal administrative procedures and our court system are foreign to most people, including many lawyers who actually have never seen the inside of a courtroom. Most clients (employers and employees) who contact Idaho Employment Law Solutions for help have never been involved in a lengthy administrative law procedure or a lawsuit and never imagined they would be. Most clients who seek legal redress are shocked that a case of alleged discrimination may take over 2.5 years to go to a jury trial. They are even more dumbfounded when the employer in the lawsuit files a counter-claim alleging wrongdoing on the employee’s part.
Add the appellate process to the legal landmine, and it is easy to see that a case that starts in one year may not be settled for five years through litigation. So how does an aggrieved person or an employer intelligently decide to file and pursue a lawsuit when all administrative remedies have been exhausted, if exhaustion of administrative remedies is indeed a prerequisite to litigation? How does an employer decide how to defend against the allegation and or pursue a counter-claim? To gain insight to answer the latter questions, an examination of a fictional case of sexual harassment brought by a female or male client in Idaho follows. Please note that although our sample case is concerned with sexual harassment, a form of gender discrimination prohibited under Title VII, the steps presented herein are applicable to most cases of alleged discrimination covered under state and federal law.
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The Hypothetical Idaho Case

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I highly recommend Attorney Ron Coulter for his exceptional consultation services. From the moment I met with him, I was thoroughly impressed by his informative and phenomenal guidance. Facing uncertainty about how to proceed with my legal matters, Attorney Coulter skillfully mapped out a step-by-step plan for me, using excellent scenarios that clarified the complex issues at hand. His extensive expertise across various legal areas was evident as he addressed my questions with clarity and precision. Despite my eagerness to hire him on the spot, Attorney Coulter patiently explained the necessary process I had to navigate before reaching that decision. Furthermore, he went above and beyond by providing valuable referrals for my future legal needs. His professionalism, knowledge, and commitment to client understanding make him a standout choice for anyone seeking legal counsel.
Tamara Reynolds, M.Psy, DHA
I was involved in an administrative procedure which could have ultimately led to my termination of employment. I contacted Idaho Employment Law Solutions which is owned and operated by Ron Coulter, a career U.S. Marine Corps Officer. The qualities that impressed me most about Ron, was that nothing was “sugar coated”, Ron was up-front, straight forward, and Ron told me what to expect at each phase of the administrative process. When I asked a question, Ron always took care to provide a complete answer which very often included a follow-up legal analysis that a lay person could understand. Ron is an outstanding and experienced employment law attorney. He was reassuring and effective in his representation of me in this administrative procedure. There is no doubt, that the selection of Idaho Employment Law Solutions was the correct choice
Charlene Hamilton
Ron Coulter at Idaho Employment Law Solutions has been an essential part of my small business team for over 16 years. He worked with my company to develop company handbooks, employment contracts, and employee training. His preventative work was key to our success when faced with an actual employee contract dispute in court. I am grateful to Ron’s attention to detail, phenomenal work ethic, and genuine care for his clients. Idaho Employment Law Solutions is a great partner for small businesses who want to succeed.
Codi Galloway
Ron Coulter at Idaho Employment Law Solutions provided knowledgeable guidance and respectful support during some particularly troublesome times with a former employer. Ron has extensive expertise and knowledge in many legal areas and was always willing to address my concerns with honesty and directness. Ron not only exceeded my expectations with the knowledgeable information he provided in a very timely manner, but he also made me feel like he cared for me as a person. After each visit, I felt like I was better equipped to confidently make informed decisions. In a stressful time, Ron left me feeling like I had a friend I could rely on as I navigated a difficult situation and had to make tough decisions. I highly recommend contacting Ron for your employment law needs.
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