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Employment Probation Period Law 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 Probation Period Law News
Fired coal handler alleges Willmar Utilities discrimination - West Central Tribune
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Macon city employees transferring to Bibb may get to keep pension under proposal - Macon Telegraph (blog)
Macon city employees transferring to Bibb may get to keep pension under proposal Macon Telegraph (blog) The proposal: for the city to pay employees for their unused time, a total of about $200000. That's in accordance with standard city policy when an employee leaves, Mathis said. After a six-month probationary period at the county, transferred employees ... |
Bay Village patrolman keeps his job, but staffing debate remains - Plain Dealer
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Covington city court undergoes shake-up - Covington News
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New town manager ready for challenges in Old Orchard Beach - KeepMEcurrent.com
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Hungarian Employment Law - JD Supra (press release)
Hungarian Employment Law JD Supra (press release) There are four circumstances in which an employment agreement may be terminated: ordinary notice, extraordinary notice, termination during the probationary period, and termination of the relationship by mutual consent. About one-third of all employment ... |