How the EEOC’s LEAD Initiative Helps Disabled Employees

How the EEOC’s LEAD Initiative Helps Disabled Employees

People with disabilities may be differently-abled, but according to federal and state laws, they still deserve fair treatment and should be provided accommodations accordingly so they can be productive members of the society.

The United States Equal Employment Opportunity Commission (EEOC) wanted to make sure that the disabled people’s rights are protected and that they are accorded the right amount of attention and care that they deserve.

That is why in adherence to the federal and state governments’ various labor laws, the EEOC came up with an initiative to ensure the proper implementation of these pieces of legislation.

The Leadership for the Employment of Americans with Disabilities (LEAD) is the EEOC’s initiative to ensure that disabled people are given equal and fair treatment and put a stop to the decline of the number of disabled employees in the federal workforce.

Continue reading

Advertisements

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.

Employment Rights Entailed within Labor Laws

Employment Rights Entailed within Labor Laws

To create a harmonious relationship between the employer and the employee, both must first agree on a certain set of laws. Also, a governing body must uphold these laws to avoid abuse from both sides.

Fortunately, lawmakers have long thought of this, which prompted them to create employment rights that comprise some parts of the labor law. The main goal of such laws is to create a progressive environment that would benefit both the employee and his or her employer.

The employment rights specifically contain the privileges and the limitations of the company owners as well as their employees. These rights now also act as the protection of employees from abusive employers, a scenario that is prevalent across the country.

One of the main states that have such problem is California. Los Angeles, a major city with a notorious reputation for its high rate of employee complaints due to violated rights or discrimination, is a hotbed of employee harassment and discrimination issues.

A worker who may be curious towards the specifics of his or her rights may consult experienced Los Angeles employment lawyers. These professionals could explain in simple terms certain ideas enshrined within the labor laws.

Legalities are often complex and through such people, employees will have the opportunity to understand things better than they used to. As a sample, a lawyer may explain that the labor law has two broad categories and they are the following:

1.      Individual labor law – Administers the rights of the employees within workplaces and those stated under their contract.

2.      Collective labor law – Refers to laws that govern the tripartite or three-group relationship between the worker, the company owner, and the union.

Continue reading

Law Provisions to Guide Employers against Sexual Harassment Complaints

Law Provisions to Guide Employers against Sexual Harassment ComplaintsThe Fair Employment and Housing Act (FEHA) define sexual harassment as the maltreatment founded on actions that are sexual in nature. It is also considered as a form of gender harassment, and the sexuality of the harasser or job position is considered irrelevant once the case is filed in court.

In other words, the harasser can be either male or female and from any position within the place of work; at times, they could be even customers of the company.

In relation to this, one of the states with many sexual harassment complaints is the state of California. Under California employment laws, this kind of violation is strictly prohibited, yet many companies are still prosecuted in court by harassed employees. It seems that many employers are not fully informed of the laws that they are supposed to follow.

Regular workers may find an ample amount of articles regarding sexual harassment that would equip them with the proper knowledge if they were subjected to it in the future.  However, there seems to be limited reading materials that cater to the owners of companies, which is rather disadvantageous to them. To help owners out, here are some of the strictly implemented law provisions that could help them in preventing the possibility of sexual harassment within their companies:

Continue reading

The Issue of HIV/AIDS in the Workplace

The Issue of HIV/AIDS in the Workplace

Since it became known to the world in the 1980s, the human immunodeficiency virus (HIV) that causes acute immunodeficiency syndrome (AIDS) has become one of the world’s greatest health concerns. Not only is the research for the treatment of the disease a continuous medical saga, but also the recurring social implications of having such a dreaded disease.

The stigma associated with having HIV or AIDS is still a lingering problem among individuals, groups, and communities. This is still happening in some aspects of people’s lives despite the knowledge of most people towards the disease.

The social stigma related to HIV or AIDS is usually done in a variety of ways for both persons perceived and infected of the disease. These include discrimination, rejection, and violence, as well as compulsory testing for HIV without consent or protection of confidentiality and quarantine.

The realm of employment is an area where discrimination and fear for people with HIV or AIDS are widespread. Over the recent years, the virus and the disease has since been an issue in the workplace. While workers aged 20 to 45 and with HIV/AIDS are able to work in small- and medium-scale businesses, many are quizzical about an employer’s ability to make reasonable accommodations to them.

Continue reading