Tuesday 21 July 2015

Advice From Employment Discrimination Attorneys

By Jordan Schmidt


In the job market, many companies try to make sure that their hiring practices are fair and just. In some cases, however, certain segments of the population are denied fair access to jobs and benefits in the workplace. If you feel that you or someone close to you in San Bernardino, CA. Is being discriminated against, you may need the services of employment discrimination attorneys.

There are many segments of the population who experience discrimination, including older workers and minorities. Those with a disability may also be affected. Disability prejudice occurs when an employer treats a qualified person unfavorably simply because he or she has a disability. The criteria for this are covered by the Americans with Disabilities Act.

The law considers hardship to mean that it would be too difficult or expensive to accommodate the employee. This would depend on the size of the employer and their financial resources. However, the employer cannot refuse to accommodate a worker merely because there is some cost involved, although they are not required to provide the exact accommodations the employee wants.

The law defines a reasonable accommodation as any changes in the work environment that would help the person with a disability to work there. So there should be protocols in place assisting them in applying for jobs, performing the duties of the job, and enjoying any benefits that the company offers.

These sorts of acts are forbidden by law in any area of employment. This includes hiring new staff members, firing a person or determining their pay. It is also against the law for an employer to discriminate in terms of handing out job assignments, giving promotions or deciding who is to be laid off. An employer also cannot deny training opportunities and other job benefits simply due to the age of a worker or any other factor such as their race or gender.

Once a person has been hired and begins the job, a company can only ask medical questions or require them to take a medical exam if medical documentation is needed to provide accommodation for the employee. An employer may also request this information if they believe that the worker is not able to perform the job adequately or safely. All medical records and information must be kept strictly confidential.

There are three ways that a person can demonstrate that he or she has a legitimate disability. They must have a physical or mental condition that limits their activities, such as walking or hearing, or they must have a history of disability, such as cancer for which they received treatment. A person may also be considered disabled if they have a physical or mental impairment lasting six months or less.

If you feel that you are the victim of discrimination, you may want to speak to an attorney who specializes in this area to determine if you have a case or not. Try to keep a record of everything that was said or done by your employer which you felt was unfair. This includes records of conversations and email correspondence. Your attorney will review this information and let you know if your case can proceed. If your case is likely to be successful, your lawyer will advise you what remedies you may receive.




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