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.

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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.

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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:

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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.

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How to File a Discrimination Charge with the EEOC

How to File a Discrimination Charge with the EEOC

Employment discrimination is still a rampant problem these days. Many applicants and employers are still discriminated against in all aspects of employment, including hiring and termination. Good thing there is one federal agency that is ready to lend a helping hand on discrimination victims by enforcing federal anti-discrimination laws against erring employers. This agency is called the EEOC, or the Equal Employment Opportunity Commission.

 

A person who believes that his or her rights as an applicant or an employee had been violated may file a discrimination charge with the EEOC. Not only can one person do it; even an organization or an agency can do so. Collective effort in filing a charge may be done on behalf of the victim. This is to help protect his or her identity.

 

In filing a charge with the EEOC, the person or the group may first fill out an intake questionnaire. Complainants who need accommodation, such as a sign language interpreter, must immediately inform the EEOC so that arrangements can be made accordingly.

 

In the actual filing of the discrimination charge, the complainant or the complaining party must provide the following information:

 

  • The complaining party’s name, address, and telephone number
  • The employment agency, respondent employer or employment agency’s name, address, and telephone number
  • The number of employees or union members involved, if there is any
  • The date, location, and a short description of the alleged violation of employment rights

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The Importance of Understanding Various California Employment Laws

The Importance of Understanding Various California Employment Laws

At-will employment is common in almost all of employment sites in the state of California. However, such policy has caused a lot of debate due to its seemingly unfair nature. This is for the reason that an “at-will” employment means that an employer can terminate an employee at anytime he wants on whatever reason except on illegal one.

Meanwhile, according to the counter protest that had been voiced out by the opposing group, employees have the same privileges such as resigning out of work whenever they feel necessary but of course, just like the owner, they must do legally.

It is recommended that employees and employers alike will do their research regarding their rights. They must understand the California employment laws beforehand so that they technically arm themselves against negative events that they might get into in the future.

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Discrimination of Pregnant Employees in California

Discrimination of Pregnant Employees in California

The United States’ history is laden with accusations and practices of discrimination but unlike before this has seemingly subsided as people become more open to the differences and uniqueness of each race and individual. However, this does not mean that unjust employment practices had completely disappeared. One example is that of the discrimination in California, where recent news reports affirm the different oppressions that workers face. One of this may include pregnancy discrimination.

Pregnancy discrimination is defined as the deprivation of an expectant mother employee of the various pregnancy benefits.

The different aspects of employment where a pregnant employee might specifically experience discrimination would include that of:

  • Application
  • Hiring
  • Promotion
  • Wages
  • Leaves
  • Training
  • Termination

However, this is not limited to the aforementioned. Throughout the years, there have been recorded instances that clearly state how pregnant employees are being discriminated against within the on workplaces by abusive employers. These include the following:

  • Not adjusting the employee  workload
  • Limiting the salary of the pregnant employee
  • Not hiring an applicant because she is pregnant
  • Not promoting an employee because she is expectant
  • Making policies that tends to favor the non-pregnant employees over pregnant ones

Discrimination in California is strictly prohibited specially for the specific aforementioned type of employees. It is stated in the Pregnancy Discrimination Act of 1978 that these workers must be given equal rights. It is therefore important that they should be able to assert their rights.

“At-will” employment which is prevalent in this state should not be an excuse for employers to discriminate against pregnant workers. The welfare of the life of any child and mother is more important than anything else such as work. As citizens of the United States, every American should be able to live comfortable in a democratic and just setting.