Disability Discrimination Claim in California
There are a lot of people who complain about how difficult their jobs are. On the other hand there are hardworking people like those with disabilities. These people with such great hurdles to take manage to go and work despite their disabilities. Sadly though, these hardworking people get subjected to different kinds of abuses, especially discrimination. These acts are not limited to the actions of their co-workers, supervisors, but even the company’s clients or customers. Just what makes one action an act of disability discrimination?
According to the disability discrimination law in California, the unfavorable treatment of an individual because of a disability is a clear violation of such legislation. These violations happen when an applicant or an employee of the company is treated less favorable because of the disabilities that he or she has. It could also be the unfair treatment given to an applicant or employee just because he or she has a history of a disability or is perceived to have a mental or physical impairment that is not transitory (or something that cannot be cured).
The thing is, the disability discrimination law in California states that employers should make an effort to provide the necessary, reasonable accommodation to an employee, even a job applicant with disabilities. The only time that reasonable accommodations aren’t feasible is when it could cause the company undue hardship. Undue hardship means that a company may have to cough out a significant amount of resources or giving such considerations would drastically make things difficult for the employer. Moreover, the California law in disability discrimination protects employees or applicants with disabilities. The same law even protects those who has a relationship with someone who has a disability as such can potentially affect the performance of an employee or an applicant should he or she be hired.
Employment and labor laws against discrimination in any aspect of their employment, which includes their hiring and possible firing, protect people with disabilities. It also gives the protection against unfair job assignments, promotions, incidents of layoffs, as well as the trainings they participate in, as well as the fringe benefits and any other term or condition that is connected with their employment. Such law ensures that the plight of these people is taken into consideration and they are well taken care of.
Harassment is one very serious topic when it comes to people with disabilities. The disability discrimination law forbids the harassment of employees or applicants with disabilities. While offhand comments, simple teasing, or isolated incidents of harassment are somewhat tolerated, serious acts of harassment are illegal. These serious acts that can foster a hostile or offensive work environment is unacceptable, more so with adverse employment decisions like the firing or demotion of an employee with disabilities. Any acts of harassment from the victim’s supervisor or another official that supervises a different area, co-workers, even non-employees of the company such as clients or customers are strictly prohibited by this law.
Undue hardship can have employers excused from extending reasonable accommodation to disabled employees and applicants. However, employers must at least try to provide this reasonable accommodation to all of their employees and applicants with disabilities whenever they can. While extending reasonable accommodation is limited to employees with disabilities, there are also other laws like the Family and Medical Leave Act that may require an employer to provide accommodation to an employee who needs to take care of a disabled family member. These accommodations are like investment that employers make can yield them great results given that these disabled, but skilled workers’ work provides.
Interestingly, even in the recruitment of employees, employers must be sensitive enough to avoid committing violations under the disability discrimination law. Any questions related on the job applicants’ disabilities are prohibited as it can construe as an act of disability discrimination no matter what the intentions of the employers are. That is why employers must also get themselves familiar with the employment and labor laws for disabled people.
People with disabilities may have physical or psychological limitations. But if their skill set are enough to provide favorable results for the employers, there is no reason at all why these people couldn’t be hire or given accommodations at work. If you are disabled and are unaware of your rights, you might end up getting abused by your employers. On the other hand, if you are an employer, your unfamiliarity with disability discrimination laws might get you into trouble. So in cases when you need legal help, never hesitate to hire and ask the help of a good and experienced disability discrimination law attorney. They will help you understand your rights under these laws better, helping you fight for these rights or keep yourself from getting sued for the violation of these.