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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