Stopping Disability Discrimination through Proper Laws

Stopping Disability Discrimination through Proper Laws

People with disabilities are often ridiculed due to their appearance. They are discriminated and looked down by others. This practice is rampant especially in the employment sector. Employers are inclined to judge the capabilities of an employee based on physical appearance alone. This practice eventually prompted the government to create laws that would protect this sector of the society.

One example of such laws is the Americans with Disabilities Act of 1990 (ADA). This was enacted by the United States Congress and was signed into law on July 26, 1990. The ADA states that it is illegal to discriminate against a person with a qualified disability.

The ADA is not alone in its fight against disability discrimination. To facilitate the laws which when left on their own would not suffice to aid employees, the government created the Equal Employment Opportunity Commission (EEOC). It is an agency tasked to implement laws related to the relationship between the employee and his or her employer.

To set standards and to be fair towards employers, the EEOC created certain parameters that would identify if an employee was truly a qualified person with disability. These include the following:

  • An individual may be disabled if he or she has a mental condition that substantially limits major life activities like seeing, talking, walking, learning, and hearing.
  • An individual may be disabled if the person has a history of disability.
  • An individual may be disabled is he or she has a physical or mental impairment that is not transitory or is expected to last for less than six months.

If an employee or job applicant feels that he or she is discriminated under the following employment processes, he or she has the right to file for a complaint through the help of the EEOC:

  • Hiring
  • Firing
  • Wages
  • Job assignments
  • Promotions
  • Layoffs
  • Training
  • Fringe benefits

 

Most disability discrimination cases happen in places where there are a lot of industries. If in case the worker experienced the prejudice in California, he or she may seek the help of a Los Angeles labor lawyer in undergoing the complex EEOC complaints process.

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Older Employees Prone to Acts of Discrimination

Older Employees Prone to Acts of Discrimination

Elderly employees are often discriminated due to their age. Under the provision of the employment law, it is referred to as age discrimination. Incidentally, Los Angeles is one of the U.S. cities known for high number of occurrence of such violation.

 

Nonetheless, to prevent Los Angeles workplace discrimination against ageing employees from recurring, the State of California has created specific laws that aim to fight and prohibit prejudice towards employees aged 40 and above.

 

Furthermore, the United States government fully recognizes that age discrimination is hard to prove in court due to the difficulty of finding feasible evidence and direct statements during trials. With this, the court permitted the use of circumstantial evidences. Aside from circumstantial evidence, here are the other types of evidences that could be used in litigations involving age discrimination:

 

  1. Statistical – Is focused towards gathering researched statistics. This involves the time analysis on the number of terminated or hired ageing workers against that of the younger ones.

 

Statistical analysis would almost instantly reveal through numbers if the employer were really directed towards favoring the younger employees more.

 

  1. Comparative – Company standards are compared against one another. This would show the policies implemented on different age groups and how they are affected by such standards or if there were abuses done.

 

However, an employee who would like to seek protection and aid from the laws must also observe and satisfy certain principles that were set by the Equal Employment Opportunity Commission (EEOC). The EEOC is the government agency that is tasked to settle or solve employee and employer disputes. Accordingly, here are the requirements of the EEOC for employees who wish to file an age discrimination complaint:

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