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Category: Disability Discrimination

About the Americans with Disabilities Act (ADA)

By 04/06/2015 Posted in ADA, Disability Discrimination, FMLA, Workplace Discrimination Law

Discrimination and Accommodations Policies in the Workplace Enacted in 1990, the Americans with Disabilities Act (ADA) grants people with disabilities rights to fair housing, education, public transportation, public accommodations, telecommunications and employment. Businesses are prohibited from discriminating against individuals with disabilities and must make reasonable accommodations for recruits and workers. ADA covers businesses, organizations and government agencies that employ 15 or more workers, labor unions and employment agencies. Definition of Disability Under the ADA To qualify for ADA protection, the worker must have a medical condition that meets the definition of “disability,” including: A physical or mental impairment that substantially limits one or more major life activities A history of a physical or mental impairment that substantially limits one or more major life activities Regarded as having a disability by others Because the ADA does not specifically name impairments that are covered by the legislation, the line as to what constitutes a disability can sometimes be up for debate. The main factor is whether the medical condition places substantial limitations on a major life activity. Discriminatory Conduct Businesses are prohibited from discriminating against workers with disabilities when making employment decisions, such as: Recruitment and hiring Termination Wages Benefits, including health and retirement Training opportunities Work conditions Shifts, projects or assignments In addition, businesses are responsible for harassment of individuals with disabilities and must respond to grievances and take action to stop harassment and discrimination by coworkers, supervisors and clients. Reasonable Accommodations The cornerstone of the ADA is the reasonable accommodation […]

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Civil Rights Act & Discrimination

By 04/06/2015 Posted in Disability Discrimination, Labor Law, Pregnancy Discrimination, Retaliation, Workplace Discrimination Law

The Foundation of Anti-Discrimination Laws Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their inclusion in a protected class. This landmark legislation is the foundation for anti-discrimination and anti-harassment laws in the workplace. Title VII generally applies to businesses and organizations that employ 15 or more workers, labor unions, employment agencies and local, state and federal governments. Protected Classes Since the law was enacted, more than 50 years ago, amendments have expanded the reach of the Civil Rights Act to additional protected classes. For example, genetic information is a new class that has recently been added to the protected classes of race, gender, pregnancy, national origin, religion, disability and age. An employer who has a connection to a protected class, such as through marriage or membership in an organization, may also be protected under the Act. The impression of being in a class may also be enough to trigger protection. Discriminatory Employment Decisions A business is not permitted to consider a worker’s inclusion in a class when it makes such employment-related decisions as: Recruitment and hiring Firing or layoff Compensation Promotion or transfer Shifts or assignments Benefits package Training An employer may be considered in violation of the Civil Rights Act for policies that have no legitimate business purpose and cause a discriminatory result. For instance, requiring workers to wear a skirt as their only uniform option would tend to discriminate against men. Similarly, designating the auto repair department […]

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