Welcome to Employment Job Discrimination Information Guide
Employment Discrimination And Age Discrimination Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
You may also listen to this article by using the following controls.
Employment Discrimination Law Protects Workers With Handicaps
from:Since 1990, the Americans with Disabilities Act has been protecting workers with various types of handicaps. This employment discrimination law guarantees a number of rights to workers with disabilities, not least of which barring employers from discriminating against workers or potential workers with disabilities when it comes to hiring, wages, promotion, hiring or laying off. In this article, we will take a closer look at the employment discrimination law called the Americans with Disabilities Act.
It is important to note that this employment discrimination law does not cover all businesses; in fact, the Americans with Disabilities Act only pertains to companies with 15 or more employees, though local, state and federal offices are included, as well as employment agencies and labor unions.
The Equal Employment Opportunity Commission defines an individual with a disability in the following way:
• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment
A qualified worker or applicant with a disability can be defined as one that can perform the duties of the position, with or without reasonable accommodation. Again, the Equal Employment Opportunity Commission tells us that “reasonable accommodation” can include making existing work spaces which are used by employees accessible and usable to those with disabilities, restructuring jobs, modifying work schedules, reassigning a worker in question to a vacant position, modifying or acquiring equipment, devices, examinations, training materials or policies, and providing qualified interpreters or readers as necessary. It should be clear that employers are not required to make changes that would cause an undue hardship on the operation of the enterprise. Some factors taken into consideration in this case are the size of the business, financial resources or the purpose or physical space of the business. At the same time, the employer does not have to lower his production or quality standards in order to accommodate an employee with a disability.
This employment discrimination law also covers medical examinations and inquiries. This means that employers do not have the right to ask about the nature of the disability, nor the severity or even of its existence. On the other hand, applicants may be asked about their ability to perform certain functions which relate the job in question, and they may be required to perform an exam, but only if all applicants are required to do so. In the same vein, medical exams can only be requested if they are related to the job in question.
Finally, it should be made clear that this employment discrimination law does not cover illegal drug use or alcoholism. Testing for the use of illegal drugs does not fall under the protection of the ADA, and employers may hold those who do use illegal drugs and alcoholics to the same standard as other employees.
Employment Discrimination And Age Discrimination News
Age Discrimination and the RFOA Defense: What is Reasonable?
(5/22) If you're faced with an age discrimination claim, but in reality your employment decision was based on some other reasonable factor, how do you prove this in court? Even if you're not faced with a lawsuit, how do you understand what constitutes age discrimination and what business practices will keep you in the clear? Do you understand the concept of "reasonable factors other than age ...
Read more...Federal judge dismisses age and sex discrimination suit against Port Authority
The suit claimed the Port Authority had violated the Equal Pay Act, a federal law mandating equal pay for equal work, charging that the women were paid 'salaries that are thousands of dollars less than the salaries of non-supervisory male attorneys.'
Read more...Age Discrimination Regulation Takes Effect April 30, 2012
(4/23) By Joan S. Farrell, J.D., BLR Legal Editor The EEOC recently issued final regulations that address an age discrimination defense known as "reasonable factors other than age" (RFOA). The defense is used in age discrimination cases alleging disparate impact in violation of the Age Discrimination in Employment Act (ADEA). The regulations take effect April 30, 2012 and were issued following ...
Read more...Plano ISD hit with age discrimination suit
Plano ISD laid off more than 300 employees last year due to a severe cut in state funding. Now, at least one of those employees is crying foul and has filed a lawsuit against the district.
Read more...Council, supporters talk anti-gay discrimination amendment
The Jacksonville City Council is considering a historic amendment that would give gays and lesbians equal protection under the law.
Read more...