Los Angeles, being the largest city in California and second largest city in the whole United States, is home to a large number of people with various cultures, and beliefs, among others.
These people often interact or communicate with each other because they all live in the same place. However, there are instances wherein problems arise due to the constant communication and interaction of different people. One of the problems that arise because of this is the occurrence of racial discrimination.
This kind of discrimination takes place a person’s facial characteristic like certain facial features, and hair, eye, or skin color, are discriminated by other people.
The workplace is one of the typical places wherein various people who have the same goal, which is the success of their company, work together and often interact with each other. Due to the continuous merging of people who are inside the same workplace, it is not unusual that racial discrimination may occur.
Workers who were discriminated inside their workers are entitled to fight for their rights against the person or party at fault. The chances that this will be achieved will be greater with the help of skilled Los Angeles attorneys.
Preventing racial Discrimination
In order to stop racial discrimination, along with other kinds of discrimination from happening inside a workplace, Title VII of the Civil Right Act of 1964 was enacted and implemented. This Act is applicable to all employers who have 15 or more workers, which include both state and local governments.
This Act is also applicable to employment agencies, the federal government, and labor organizations. Employers are prohibited by this law to deny equal employment opportunity to a person based on his/her supposed racial group or actual racial group, certain characteristics that are connected to his/her race, and association with someone of a specific color or race.
Filing a Racial Discrimination Charge
If a worker or employee feels that he is being discriminated due to his/her race, he/she is entitled by law to file a racial discrimination charge with the Equal Employment Opportunity Commission (EEOC). This is the agency that is in charge of handling all kinds of employment discrimination chargers that are filed by workers.
An organization, agency, or any individual is also entitled by law to file a racial discrimination charge on behalf of another individual so that the identity of the latter will be protected.
Statistics
Around 33, 937 racial discrimination charges were received by EEOC in fiscal year 2008 alone. Out of the total number of cases that were filed, around 28, 321 were resolved by the agency in the same year and around $ 79.3 million in the form of monetary benefits were recovered for parties who filed the charge as well as other aggrieved persons (monetary benefits that are acquired in litigation are not included here).
Information Needed
Information that should be given by the person filing a charge includes:
• address, name, and the contact number of the employment agency, resident employer of union that is alleged to have committed discrimination
• the time wherein the discrimination was committed
• address name, contact number, and the name of the person who is filing the charge
Filing a racial discrimination charge is a difficult task so legal help Los Angeles attorneys who are experts in the area should be sought.
Tuesday, June 2, 2009
Medicaid planning and the look-back period
While the subject may be difficult to think about, it remains a fact that most people will spend some portion of their lifetimes in an assisted care facility. The possibility also exists that individuals may run up large medical bills both before and during placement in such a facility. It is therefore important to be prepared for these events by consulting with an estate planning and elder law attorney about proper Medicaid planning.
Since Medicaid is a joint State-Federal program, eligibility rules determining who qualifies for Medicaid vary from state to state. To qualify for Medicaid in New York, individuals must be eligible for Supplementary Security Income (SSI) and meet income and age restrictions. New York also has a Medicaid Surplus Income Program. Under this program individuals who have incomes that are too high can qualify for Medicaid if they spend down their excess income on medical bills.
In 2005, Congress passed the Deficit Reduction Act. This Act made several changes to Medicaid law, the most notable of which were the changes to the Medicaid Transfer of Asset rules. The new law, which took effect on February 8, 2006, created a five-year look-back period and established a waiting, or penalty, period for individuals in institutional care who would otherwise be able to receive Medicaid.
Transferring money and property to trusts or other family members in order reduce individual assets and qualify for Medicaid has long been an estate planning practice. Under the new rules this type of Medicaid planning is still possible, but due to the longer look-back period and increased penalty, it must be done farther in advance of the time one wishes to be able to qualify for Medicaid.
The difference between the look-back period and the penalty period is one of cause and effect. The look-back period is the amount of time after an individual receives or applies for Medicaid-covered services during which Medicaid reviews finances. The penalty period is the amount of time you must wait to receive Medicaid after which you would otherwise have been qualified. For example, if you gave a child $50,000 two years ago, that amount would be used to calculate your penalty period.
Penalty periods are determined on a community by community rather than a state by state basis. The penalty period is calculated by dividing the value of the transferred asset by the average cost of nursing facility services. In New York City the average cost of nursing facility services for 2009 is estimated to be $9,838 per month. To return to our $50,000 transfer example, the penalty period in New York would be 50,000 divided by 9,838, or approximately 5.1 months. On Long Island, the average cost of care is set at $10,852. In Westchester, Orange, Putnam and Rockland, it is $9,439.
Medicaid planning is an effective way to keep your assets in the possession of your family and prevent them from being spent on costly medical care. Good Medicaid planning also ensures your medical expenses will be covered when the time comes. Your estate planning lawyer can advise you on the best way to handle your Medicaid planning.
Since Medicaid is a joint State-Federal program, eligibility rules determining who qualifies for Medicaid vary from state to state. To qualify for Medicaid in New York, individuals must be eligible for Supplementary Security Income (SSI) and meet income and age restrictions. New York also has a Medicaid Surplus Income Program. Under this program individuals who have incomes that are too high can qualify for Medicaid if they spend down their excess income on medical bills.
In 2005, Congress passed the Deficit Reduction Act. This Act made several changes to Medicaid law, the most notable of which were the changes to the Medicaid Transfer of Asset rules. The new law, which took effect on February 8, 2006, created a five-year look-back period and established a waiting, or penalty, period for individuals in institutional care who would otherwise be able to receive Medicaid.
Transferring money and property to trusts or other family members in order reduce individual assets and qualify for Medicaid has long been an estate planning practice. Under the new rules this type of Medicaid planning is still possible, but due to the longer look-back period and increased penalty, it must be done farther in advance of the time one wishes to be able to qualify for Medicaid.
The difference between the look-back period and the penalty period is one of cause and effect. The look-back period is the amount of time after an individual receives or applies for Medicaid-covered services during which Medicaid reviews finances. The penalty period is the amount of time you must wait to receive Medicaid after which you would otherwise have been qualified. For example, if you gave a child $50,000 two years ago, that amount would be used to calculate your penalty period.
Penalty periods are determined on a community by community rather than a state by state basis. The penalty period is calculated by dividing the value of the transferred asset by the average cost of nursing facility services. In New York City the average cost of nursing facility services for 2009 is estimated to be $9,838 per month. To return to our $50,000 transfer example, the penalty period in New York would be 50,000 divided by 9,838, or approximately 5.1 months. On Long Island, the average cost of care is set at $10,852. In Westchester, Orange, Putnam and Rockland, it is $9,439.
Medicaid planning is an effective way to keep your assets in the possession of your family and prevent them from being spent on costly medical care. Good Medicaid planning also ensures your medical expenses will be covered when the time comes. Your estate planning lawyer can advise you on the best way to handle your Medicaid planning.
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