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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