Fair Opportunity for Disabled Employees

There are certain forms of workplace discrimination• Private employers
that are not allowed in the United States under the• State and local governments
Employment Law. The employer must be discriminating• Employment agencies
on the basis of a protected category in order for the• Labor organizations
discrimination to be considered illegal.• Labor management committees
Such forms of illegal discrimination protected under theUnder the ADA, it is unlawful to discriminate a disabled
area of Federal Equal Employment Opportunity (EEO)person in any aspect of employment, including:
Laws include age, gender, race, sexual orientation,• Hiring and firing
national origin, religion, pregnancy, and disability• Compensation, assignment, or classification
discrimination. This article will discuss on the latter:of employees
disability discrimination.• Transfer, promotion, layoff, or recall
The Federal Law which forbids employment• Job advertisements
discrimination against "qualified individuals with• Recruitment
disabilities" in the private sector, and in state and local• Use of company facilities
governments falls under the Title I and Title V of the• Training and apprenticeship programs
Americans with Disabilities Act (ADA) of 1990.• Fringe benefits
ADA defines disability, with respect to an individual,• Pay, retirement plans, and disability leave
as:a. A mental or physical impairment that significantly• Other terms, conditions, and privileges of
limits one or more of the major life activities of suchemployment
individuals; (Major life activities are actions that anUnfair prejudice denies disabled people the chance to
average person can perform with little or no difficultyparticipate and compete equally with other workers.
such as walking, seeing, breathing, hearing, speaking,They are also denied the opportunity to live
learning, working, and caring for oneself..)b. A record ofindependently and be self-sufficient. The laws on
such an impairment; orc. Being considered as havingdiscrimination prevent these from happening.
such impairmentNow, if unlawful discrimination is practiced by an
A qualified employee or applicant with a disability isemployer or any entity, a disabled applicant or
described as an individual who possess the legitimateemployee may file a claim. He or she may file it with
skills, experience, education or other requirements of athe local office of the Equal Employment Opportunity
position. Further, he or she can perform the essentialCommission (EEOC) or the anti-discrimination agency
functions of the job in question with or withoutof the state where the employee works. In the state
reasonable accommodation.of California, this agency would be the Department of
Reasonable accommodation is any modification orFair Employment and Housing (DFEH).
adjustment to a job or work requirement that willOnce the EEOC has determined that a person has a
enable a qualified applicant or employee to participateright to sue, the plaintiff will normally have 90 days to
in the application process or to perform essential jobfile a lawsuit in court. An expert disability discrimination
functions.attorney will be a great partner in taking a legal action.
An employer is required to make reasonableIf you think you have been discriminated by your
accommodations to the known disability of a qualifiedemployer due to your disability, seek the aid of our
applicant or employee if it would not impose an "unduevigorous Los Angeles lawyers. Just log on to our
hardship" on the operation of the employer's business.website and know how to contact our expert legal
Job discrimination against people with disabilities is illegalteam.
if practiced by: