Fair Opportunity for Disabled EmployeesJinky Belle Abelardo
September 25, 2008 — 2,316 views
There are certain forms of workplace discrimination that are not allowed in the United States under the Employment Law. The employer must be discriminating on the basis of a protected category in order for the discrimination to be considered illegal.
Such forms of illegal discrimination protected under the area of Federal Equal Employment Opportunity (EEO) Laws include age, gender, race, sexual orientation, national origin, religion, pregnancy, and disability discrimination. This article will discuss on the latter: disability discrimination.
The Federal Law which forbids employment discrimination against "qualified individuals with disabilities"¯ in the private sector, and in state and local governments falls under the Title I and Title V of the Americans with Disabilities Act (ADA) of 1990.
ADA defines disability, with respect to an individual, as:
a. A mental or physical impairment that significantly limits one or more of the major life activities of such individuals; (Major life activities are actions that an average person can perform with little or no difficulty such as walking, seeing, breathing, hearing, speaking, learning, working, and caring for oneself..)
b. A record of such an impairment; or
c. Being considered as having such impairment
A qualified employee or applicant with a disability is described as an individual who possess the legitimate skills, experience, education or other requirements of a position. Further, he or she can perform the essential functions of the job in question with or without reasonable accommodation.
Reasonable accommodation is any modification or adjustment to a job or work requirement that will enable a qualified applicant or employee to participate in the application process or to perform essential job functions.
An employer is required to make reasonable accommodations to the known disability of a qualified applicant or employee if it would not impose an â€œundue hardshipâ€¯ on the operation of the employerâ€TMs business.
Job discrimination against people with disabilities is illegal if practiced by:
- Private employers
- State and local governments
- Employment agencies
- Labor organizations
- Labor management committees
Under the ADA, it is unlawful to discriminate a disabled person in any aspect of employment, including:
- Hiring and firing
- Compensation, assignment, or classification of employees
- Transfer, promotion, layoff, or recall
- Job advertisements
- Use of company facilities
- Training and apprenticeship programs
- Fringe benefits
- Pay, retirement plans, and disability leave
- Other terms, conditions, and privileges of employment
Unfair prejudice denies disabled people the chance to participate and compete equally with other workers. They are also denied the opportunity to live independently and be self-sufficient. The laws on discrimination prevent these from happening.
Now, if unlawful discrimination is practiced by an employer or any entity, a disabled applicant or employee may file a claim. He or she may file it with the local office of the Equal Employment Opportunity Commission (EEOC) or the anti-discrimination agency of the state where the employee works. In the state of California, this agency would be the Department of Fair Employment and Housing (DFEH).
Once the EEOC has determined that a person has a right to sue, the plaintiff will normally have 90 days to file a lawsuit in court. An expert disability discrimination attorney will be a great partner in taking a legal action.
If you think you have been discriminated by your employer due to your disability, seek the aid of our vigorous Los Angeles lawyers. Just log on to our website and know how to contact our expert legal team.
About the Author
Jinky once aspired to become an hotelier. Now, she hopes of becoming a successful doctor. She intends to pursue this dream in the near future. In the meantime, she's glad for the opportunity to enhance her writing skills while working as a content writer.