Equal Rights For Disabled Employees By Jinky Belle Abelardo At Isnare.com Ezine Articles

Discrimination can negatively affect a person’s right to fair opportunities. Being discriminated against and treated unfairly has adverse effects on a person’s morale. It is degrading to one’s self-esteem to be rejected or singled-out based on certain characteristics.

There are certain forms of discrimination that is prohibited under the Employment law. The federal law that protects employees from discrimination is the Federal Equal Employment Opportunity (EEO) Law. It does not allow discrimination against age, gender, race, sexual orientation, national origin, religion, pregnancy, and disability discrimination, in the workplace.

The federal law on disability discrimination is the Americans with Disabilities Act or ADA. This is quite distinct from California’s state law on disability discrimination. What govern cases of discrimination in California is the “Fair Employment and Housing Act” or FEHA. Their definition of “disability” is far less restrictive than that of the federal law.

This means that many employees with less restrictive and less severe disabilities will be covered under California law, but not federal law. Under the ADA, workers with disabilities that do not substantially interfere with one or more major life activities are not protected. In California law, on the other hand, the limitation on major life activities does not need to be substantial.

Workers who have correctable disabilities would still be vulnerable to harassment and discrimination under the federal law, but under the FEHA, an employee with a corrected disability like poor eyesight or high blood pressure shall be protected.

Lastly, under California law, a disabled worker must show that his/her disability limits the major life activity of working simply by demonstrating that it prevents him/her from performing his/her own job without reasonable accommodation. Under federal law, a worker must also be able to show that his/her disability prevents him/her from performing a wide variety or a broad range of work activities.

Under both state and federal law, in addition to proving a limitation or a substantial limitation with their disability, an employee must also show that he/she can perform the essential tasks of his/her job with or without a reasonable accommodation.

Hence, it is necessary for the mistreated workers to consult their disability discrimination lawyers for proper advices and assistance in ensuring due protection of their rights. A competent employment lawyer will make sure that they will be given full protection under the boundaries of the prevailing laws.

All employers should accommodate their employees in a way that preserves their well-being, respects their dignity, and allow their full-participation. But there are employers who assign inferior value or worth to applicants or employees who have physical disabilities.

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 EEO, it is unlawful to discriminate a disabled person in any aspect of employment, such as:

• Hiring and firing

• Compensation, assignment, or classification of employees

• Transfer, promotion, layoff, or recall

• Job advertisements

• Recruitment

• Use of company facilities

• Training and apprenticeship programs

• Fringe benefits

• Pay, retirement plans, and disability leave

• Other terms, conditions, and privileges of employment

Disabled employees that are victims of this unfair treatment may have grounds for a discrimination claim. You can guarantee that lawyers who are highly experienced with disability discrimination claims have expertise on both federal and state laws on workplace discrimination. Therefore, you can expect a good and effective representation.

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