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As a freelancer, I was contracted to write marketing blog posts for law firm firms across the United States. Below are some English language examples. I also have a Spanish language sample, which you may read here, as I am fully bicultural and bilingual.

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How Does the Americans with Disabilities Act (ADA) Protect Employees?

Are you concerned about workplace discrimination because of your disability? The Americans with Disabilities Act of 1990 was created to address discrimination against people with disabilities in various aspects of our day-to-day lives. As such, it can credibly be called a historic piece of legislation.

But what exactly does it say, and how can you bring a case under it? Keep reading to learn more about the ADA, and remember that an employment discrimination attorney is here to help if you’ve been discriminated against.

Understanding Joint Custody in New Jersey

In New Jersey, there are two types of custody: legal and physical custody. Legal and physical custody can then also be categorized again as joint or sole.

So this leaves us with four categories of custody:

  • Joint physical custody
  • Sole physical custody
  • Joint legal custody
  • Sole legal custody.
 

By the end of this blog, you’ll understand the difference between each of these, as well as why and when courts prefer certain arrangements.

What Is the ADA?

The ADA is wide-ranging legislation that, among other things, contains legal protections for people with disabilities who can perform jobs either with or without a reasonable accommodation. In addition to employment protections, the ADA also includes provisions for discrimination prevention in transportation, public accommodations, communications, and access to state and local public programs and services.

To be covered by the ADA as disabled, you need to demonstrate that you cannot perform “major life activities.” These activities might be manual tasks, activities related to your physical health like breathing or learning, and impairments. An impairment would be a physical disorder related to your neurological, cardiovascular, or special sense organs.

What United States Agencies Administer the ADA?

The agencies that administer the ADA are:

  • United States Equal Opportunity Commission (EEOC)
  • United States Department of Transportation
  • Federal Communications Commission (FCC)
  • United States Department of Justice
  • United States Department of Education
  • United States Department of Health and Human Services (HHS)
  • Architectural and Transportation Barriers Compliance Board (ATBCB)

 

The EEOC is charged with enforcing Title I of the ADA, which covers private employers, state and local governments, employment agencies, and labor unions. It protects individuals with disabilities when they apply for jobs, are hired, and receive job training. The Department of Transportation enforces the ADA with regard to transit. This also includes that state and local entities receiving federal aid for roadways and pedestrian facilities don’t discriminate based on disability. The FCC administers the ADA on telecommunications like telephone and television. The Departments of Justice, Education, and Health and Human Services all regulate entities in their specific purviews that receive federal funding. Lastly, the ATBCB deals with accessibility issues that can occur in buildings, facilities, and transit vehicles.

How Do I Know If I Have an ADA Case for Employment Discrimination?

To successfully bring a disability discrimination claim under the ADA, you will need to prove three things.

First, you must show that you are disabled within the context of the ADA. Secondly, you need to show that you perform your job with (or without) reasonable accommodation. Finally, you will show that you illegally sustained an adverse employment action because of your disability.

The ADA obligates employers to provide reasonable accommodations to employees with disabilities, though only if this can be done without incurring undue hardship on the business. Given this difficult balance, ADA cases can end up being very fact-specific from one to another.

What Are the Grounds for Divorce in Pennsylvania?

Divorce can be a long and grueling process, so it’s best to prepare and inform yourself before you begin. This blog post will explain the different types of divorce available in Pennsylvania as well as the grounds for a divorce. If you find yourself on this difficult path, please contact a divorce attorney right away.

Divorce Law in Pennsylvania: Three Categories of Divorce

There is one important requirement that decides if a divorce can even begin in Pennsylvania. One of the spouses, or both, must have lived in Pennsylvania for at least the last six months. The spouse requesting the divorce (the plaintiff) will begin by filing a complaint which explains why they should receive a divorce from their spouse (the defendant).

What kind of divorce the plaintiff pursues will be determined by other circumstances. In Pennsylvania, there are three different categories of divorce:

      Mutual Consent Divorce

      Un-consented Divorce

      Fault-based Divorce

The rest of the blog post will detail what the requirements are for each of these divorce types.

Mutual Consent Divorce in Pennsylvania

This is perhaps the least stressful of all available divorce options. If both spouses agree, the plaintiff only needs to tell the court that the marriage is irretrievably broken. There will be a 90-day waiting period, at the end of which each spouse needs to make a sworn statement that the marriage is irretrievably broken and to ask the court to grant the divorce. These kinds of divorces are known as no-fault or mutual consent divorces.

Un-consented Divorce in Pennsylvania

If one of the spouses does not consent, the divorce may still be granted. The plaintiff would need to fulfill several conditions, as well as wait for some conditions to be met.

The first requirement is that the couple have been living separate and apart for at least one year. This does not mean the couple must live in separate homes. So long as the plaintiff can prove that the spouses are leading separate lives with little to do with each other, the court may consider the marriage irretrievably broken.

The second requirement for the plaintiff is waiting, not 90 days as in a mutual consent divorce, but up to as long as one year before the court will enter the decree.

Fault-based Divorce in Pennsylvania

A fault-based divorce occurs when a spouse refuses to agree to the divorce, the couple has not been separated for at least a year, and the plaintiff does not wish to wait one year. The plaintiff may still get a divorce, but this is the trickiest route to do so.

First, the plaintiff will have to prove that the defendant did something wrong to them. Furthermore, they must also prove that they did nothing wrong to the defendant. In cases where both spouses are at fault, the court may decide not to grant a divorce.

So what kinds of faults are grounds for divorce in Pennsylvania?

  • Desertion for one year or more
  • Bigamy
  • Adultery
  • Jail sentence of two years or more for any crime
  • Stay of at least 18 months in a mental health facility before the divorce started, and forecasted to last at least 18 months after the divorce started
  • Insulting and disgraceful treatment (“indignities”) that makes the plaintiff’s life intolerable

Cruel treatment that puts the plaintiff’s life or health at risk

Get in Touch with a Divorce Lawyer Today

This is only an overview of some of the larger-scale questions you’ll need to think about during the beginning stages of a divorce. We know that divorce is a highly stressful time, and we want to remind you that we are here for you. Call us today and we’ll do everything we can to help.

What Should I Avoid When Applying for an H-1B Visa?

Among professionals outside the United States, the H-1B visa is one of the more favored immigration options. Often, however, applicants make avoidable errors, which end up costly them dearly. Immigration into the United States, which despite a fabled openness to immigrants has a good deal of xenophobic immigration laws, will require almost super-human attention to detail.

This article will discuss some well-known pitfalls in the H-1B visa application process. Be sure to read this carefully and, if you are thinking of applying for an H-1B visa yourself, contact an employment visa attorney as soon as possible.

What Are Common H-1B Application Mistakes?

One of the most important parts of the application process is the documentation stage. Here are some mistakes that occur during that stage:

  • Incomplete or Incorrect Forms, Outdated Forms

Be sure to carefully review every form and every field in each form. Submitting application forms with errors is perhaps one of the most frustrating reasons to be denied, so make sure to check your forms meticulously.

Similarly, you’ll want to avoid taking the time to check and recheck the answers on your form, but being rejected because you submitted an outdated form. United States Citizenship and Immigration Services (USCIS) regularly updates the necessary forms. You should take care that whatever form you fill out is the most recent applicable one.

  • Insufficient Supporting Documentation

Given the strict approach to immigration law in the United States, you will need to make every effort to ensure you have all the documentation you will need. In many cases, applicants are refused an H-1B visa for not providing at all or providing insufficient documentation. Be sure to gather all your documents, like proof of qualifications or work experience in preparation for your application, and of course, avoid sending irrelevant documents.

Possible Employer-Employee Problems to Avoid

Beyond the application itself, sometimes applicants are denied an H-1B visa because the USCIS believed there was a problem worse than typos.

Keep in mind the requirements for the H-1B visa:

  • You must make sure the job through which you want to get an H-1B visa is categorized as a specialty occupation that requires a level of theoretical or technical expertise.
  • You are also obligated to have a clearly delineated employer-employee relationship.
  • Your employer must have control over your work, which includes the ability to do things like hiring you, paying you, supervising you, and firing you.

 

Simple mistakes, or worse planned misrepresentation, can make your life difficult down the road.