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Employment Law In Arizona Article
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Employment Discrimination Law – Protection for Those Who Need It
from: Employment discrimination law quite simply prohibits discrimination on the basis of a number of things, but in this article we will be talking about disabilities. The major act that covers this area is called the American with Disabilites Act and it clearly defines who is protected by law and what illegal discrimination is.Employment discrimination law in the disabilites arena isn't easy law to practise, as there are (as with just about every other area of law in this discipline) so many variations on what each supposed definition means. Even just starting with the definition of who is an individual with a disability under employment discrimination law. Supposedly, a person with a disability is one who has a physical/mental impairment that really limits one or more of life's major activities etc. Major life activities are defined as things an average person can do without too much difficulty – walking, breathing, seeing, hearing, working, etc.
Under employment discrimination law you must look to the definition of what a qualified person with a disability is. They must be someone first and foremost that has the necessary skills, education or job experience and who can perform the work in question. The next component of this requirement is that they can perform the job with or without reasonable accommodation.
What is reasonable accomodation defined as under employment discrimination law? It can include making facilities accessible for people with disabilities, job restructing, a modified work timetable, extra unpaid leave, modifying equipment/devices and/or having qualified readers/interpreters on hand. As an employer complying with employment discrimination law, you are not required to lower production standards to make an accommodation, nor are you expected to provide personal use items (eyeglasses, hearing aids etc.)
Now having discussed accommodation provisions, there is a sort of exemption built into this area for employers. Although they are required to make reasonable accommodations for a qualified candidate, they are not obligated to do that if it would cause undue hardship on the operation of the employer's business.
So in effect, undue hardship means something that causes significant difficulty or exprense when compared to things like the size of the business, their financial status and its operation/structure. This unfortunately seems to have the earmarks of a loophole that could be used by employers to subtly discriminate.
No matter what the reasons you feel you have been discriminated against, it is important to always check the existing statutes and case law prior to making a final decision on whether or not to file a complaint.
Employment Law In Arizona News
Chipotle: Probes Of Employees' Immigration Status May Linger - Wall Street Journal
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Why Arizona's Controversial Immigration Law Is Bad For Business - Forbes
 Forbes | Why Arizona's Controversial Immigration Law Is Bad For Business Forbes Whether or not the Supreme Court upholds Arizona's controversial immigration law, the bill is bad news for business leaders and entrepreneurs. WASHINGTON, DC - APRIL 24: Russell Pearce (R), sponsor of the controversial immigration law Arizona SB 1070, ... Which way Arizona? The prognosis on SB 1070 In Arizona, waiting on high court's take on immigration law |
Former NLRB Member Craig Becker Named AFL-CIO Co-GC - Law.com
 Law.com | Former NLRB Member Craig Becker Named AFL-CIO Co-GC Law.com The new co-GC is a former embattled member of the National Labor Relations Board and currently is a visiting professor at Georgetown University Law Center. Becker said no decisions have been made yet on how he and Rhinehart will divide up their duties. |
Army Reservist wins civil rights' complaint for termination by Home Depot - Examiner.com
Army Reservist wins civil rights' complaint for termination by Home Depot Examiner.com Baily's complaint alleged that Home Depot willfully violated USERRA by terminating his employment because of his military service obligations. The Iraq War veteran, worked at a Home Depot store in Flagstaff, AZ, as a department supervisor while he ... |
USDOJ: Justice Department Settles with Home Depot to Enforce the Employment ... - 7thSpace Interactive (press release)
USDOJ: Justice Department Settles with Home Depot to Enforce the Employment ... 7thSpace Interactive (press release) Inc ., to resolve allegations that the company violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it terminated the employment of Army National Guard soldier Brian Bailey. The department's complaint alleged ... Home Depot Reaches Settlement in Firing of National Guardsman |
Ruling puts doctor testimony under scope - AZ Central.com
Ruling puts doctor testimony under scope AZ Central.com 24, 2012 07:14 AM A doctor's testimony that an employee's injury could have been caused by unknown factors is insufficient to deny workers'-compensation benefits, the Arizona Court of Appeals has ruled. The judges, in a unanimous decision, ... |