November 2004
WIN AT WORK MONTHLY
A Community Service of
SESSIONS & KIMBALL LLP, Employee Rights Attorneys
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Win at Work |
Employee Rights Update |
ILLEGAL QUESTIONS OF NAME, RESIDENCE, RELIGION, OR RACE |
NEW TAX LAW AFFECTS EMPLOYMENT CASES |
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Miranda rights for job applicants? Not exactly, but you don’t have to answer all questions asked during an interview. While employers can ask your nickname or assumed name to check on your work records, they can’t ask for your maiden or original name, or require you to submit your birth certificate. They can ask about your place or length of residence, but not your birthplace or that of your spouse or parents. The employer can’t ask about your own religious affiliation, which religious holidays you observe, or whether your religious beliefs prevent you from working on certain days. Employers can’t ask about your race, or include the color of your skin, eyes, hair, or other physical characteristics on your employment application. If you’re afraid that claiming your right to remain silent may cost you the job, remember, the law protects your rights and subjects employers who violate them to high liability. In this case, silence could be golden. |
On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004 ("AJCA"). Section 703 of the AJCA allows victims of discrimination and other civil rights violations to deduct legal costs and fees from their gross income. Prior to the AJCA, a plaintiff would have to pay taxes on the entire judgment or settlement collected, even though a significant portion would go towards fees and costs. For example, if a plaintiff collected a total of $10,000, but paid $3,000 in fees and costs, the plaintiff would still have to pay taxes on the full $10,000. Furthermore, the attorney collecting the $3,000 would also pay taxes, in essence creating a double tax. The AJCA eliminates this double taxation. Although the AJCA is not retroactive, the U.S. Supreme Court has recently heard two cases on the issue of double taxation and may issue a decision which could affect judgments and settlements issued before the AJCA became effective. Michael S. Ahmad, Attorney |
Update on our attorneys: Stephen Kimball is known as a "Super Lawyer" by a national organization and also fittingly settled a six-figure case.
Look for our answers to employees’ questions in the "Life and Work Q & A" column of the Orange County Register’s "Business Monday" magazine. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ "Career Builder Magazine" and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. © 2005 by Sessions & Kimball LLP.
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