Tuesday, 27 November 2012

The Affinity to Judge Others through Their Appearance

 People have the affinity to judge others based on outer appearance. Sadly, this is an infallible truth and the same premise happens within the realm of the employment and labor sector. Employers are prone to judging an applicant or employee through his or her looks.

Those who have visible physical or mental difficulties may have suffered discrimination to no end by their abusive employers. Unfortunately, most employers don’t realize this glaring statistic: about 21.1 percent of the whole labor sector consists of disabled workers.

Discrimination is a seemingly never-ending issue in the United States. Despite this, anti-discimination laws are currently in place to help protect the labor sector.

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

The ADA is reinforced by various federal agencies that enforce employment and labor laws. One of these is the Equal Employment Opportunity Commission (EEOC). It ensures that the employer and the employee both have balanced rights so that no abuse or any unlawful treatment happens in the workplace.

Meanwhile, here are some of the provisions of the ADA with regards to who is a qualified employee:

  • An employee or applicant is considered disabled if he or she has a medical condition that substantially limits major life activities. Examples include seeing, talking, walking, learning and hearing.
  • An employee or applicant is disabled given a detailed  history of his or her disability.
  • An employee or applicant is disabled if he or she is regarded as having such impairment. 
Incidentally, a California employee or worker subjected to discrimination on the basis of disability should seek the aid of a Los Angeles employment lawyer. The expertise of the professional in handling such a case would be of great help for the aggrieved worker in getting a chance to obtain justice and secure monetary relief. The lawyer would also consider utilizing alternative dispute resolutions such as mediation and arbitration.

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