With the upcoming pressure on the mentally impaired and physically disabled, the law enforcing bodies firmly established some laws to protect the rights of the disabled in terms of equal employment opportunities. Federal Laws like the ADA, FMLA, Rehab Act, and California state employee rights, in some way or the other, offer protection of the rights of workers with disabilities.

Impaired or not, every individual deserves equal rights to compete for a job or continue his or her position in the organization. But what happens if you’ve been treated unfairly, or have been wrongfully terminated? Here is what you should do:

1. Inform Employer of Breach of Right

Even though the ADA was established in 1990, there are a surprising number of disability discrimination cases being taken up in court. The reason? Your employer may simply not be aware of the accommodation that you are entitled to. Don’t be too hasty about taking any legal actions just yet. Take some time out to provide your employer with detailed information so that he or she is given a chance to remedy their actions.

2. Assert Your Rights

Once you’ve done your part informing the employer, your next step should be to recommend ways that you would receive “reasonable accommodation”. For instance, let’s say you’ve been turned down for promotion because it requires long hours of driving; and your disability doesn’t allow you such a liberty. Therefore, one suggestion could be to install some equipment that could facilitate your driving ability; this is your disability right. Since you are able to perform the job to the full capacity, fair consideration should be given to you for the position.

3. File Formal Complaint; Internally

When the above steps fail, it’s time to make a formal complaint to the upper managers. The reason why this is significant is because, if you decide to take matter to the court, you will have formal documentation that proves:

1. The entire management was aware of the issue and discrimination; it is documented
2. The company was provided with the chance to make amends

iii. You have had your rights violated

4. Obtain a Right-To-Sue Letter

Before you file an official lawsuit, you must get a right-to-sue letter from the Equal Employment Opportunity Commission. Once you file your charge of discrimination, stating the details of the violation, your case will be processed. It is important to note that if you forego this step and file a lawsuit, the judge will immediately discard your case.

5. Hire a Disability Lawyer to File Your Lawsuit

On obtaining your letter to sue, it’s time to get in touch with an experienced firm of lawyers who have the expertise and resources to fight for your disability rights. Once you have the best source in hand, the rest of the paperwork will be handled by them!

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The UELG (United Employees Law Group) is a California based employment law firm that is devoted to helping employees who have been subject to discrimination in the workplace. The organization provides assistance to employees through class action in recovering damages and addressing unfair treatment by employers (wrongful termination, harassment, etc.).
Over the years, UELG has incessantly grown in popularity as many of their clients come through referrals from other satisfied clients. They are reported to have handled more than 1500 employment cases, with their clients having been awarded about $250 million dollars.
UELG justly is an authority on California labor law and other California employment law issues. The organization is ever ready to go the extra mile to provide employees with the right resources, so that they may find the help they need. As an employee, you can seek their support if you have a claim under California’s or Federal Discrimination laws. Let’s have a look at cases that are protected under the workplace discrimination laws.
DISCRIMINATION BY REASON OF DISABILITY-
This includes discrimination in hiring, termination, pay rate and raises, promotions, fringe benefits, job assignment, layoffs and training requirements. Federal and state labor laws prohibit any type of harassment of disabled persons (defined under the ADA and the Rehabilitations Act.) in the workplace. This can include undue teasing and offensive comments that are persistent enough to create an unfriendly environment.
DISCRIMINATION BY REASON OF AGE-
This can be a complicated area, so make sure you can prove that the discrimination was done based on age and not just to save money. It is clear prejudice to hire people under a specific age on the pretext of “old people being slower”.
RACIAL DISCRIMINATION-
This kind of unequal treatment can have numerous features. You could be ignored for a less qualified individual of a particular race or consigned to specific employments taking into account your race. This sort of stereotyping IS DISCRIMINATION! Keeping in mind the end goal to have a case for race separation you should demonstrate the valid proofs. In any case, evidence is key.
SEXUAL DISCRIMINATION-
These cases might be brought under the two unique categories. A disparate treatment case includes an association’s arrangement which treats comparatively arranged workers in an unexpected way, in light of their sex or sexual introduction. In disparate impact cases, an individual must demonstrate that the association’s approach, has an unbalanced antagonistic effect on persons of one’s own sex or sexual introduction.

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Introduction

Disability leave is a leave from work which is allowed to a physically challenged employee for various reasons. These reasons may encompass the physicality of the body or medication. The law and also the employer or organization must be aware of these reasons in order to recognize the leave.

What Does Disability Leave Mean?

Disability leave is connected to sick leave but it has a couple of notable differences which distinguishes it from sick leave. Several acts in the Federal Law of America provide that individuals with disability or any condition of the body that limits their performance at work should be allowed for a leave in specific times during their employment period.

Federal Laws that Recognize Disability Leave

A couple of Federal Laws acknowledges that people with disability should be recognized and treated exceptionally in their tenure or any other sectors. In this light, absence from work or other institutions for not less than three calendar days is allowed. This period provides a chance through which the disabled people can be able to visit health care centers for treatment.

1. a) Americans with Disabilities Act – 1990ADA stipulates that: private employers, local and state governments, labor unions, and employment agencies should be free from discriminating disabled people who are qualified. This keeps all the employment opportunities open for all individuals. It goes hand in hand with the Rehabilitation Act.
2. b) Family and Medical Leave Act

It enhances family and medical leave without any fear of losing the job or even health insurance benefits. It also provides that individuals should be allowed a leave, which might be lowly paid, for them to attend their family issues. Therefore, in this law, disabled people are highly acknowledged and allowed to participate in the medical or family needs without risk of losing their jobs. They are allowed to have a leave away from their jobs for several days.

Who is Entitled to Receive Disability Law?

Not all the disabled individuals who have qualified for protection under ADA law. Few people qualify for protection despite having many people being disabled. Therefore, not All individuals who are allowed for disability leave at their work or any other sector.

The law only recognizes people who have physical or mental impairment substantially limiting them from conducting significant and essential activities in life. It also acknowledges people who have an impairment record and who are regarded to be impaired medically.

Conclusion

Disability leave is essential in the lives of the disabled people. It enhances them to conduct other essential activities necessary for their health and life as well as their family. Individuals who are disabled should seek to learn more about disability leave and what it encompasses.

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The meaning of the term Disability discrimination or Disability harassment.

In general terms, disability discrimination relates to the prospect of treating people in an entirely different manner because of their perceived disability, disability, or their association with a person with a disability. Examples of such discrimination include:

• Mistreating a worker due to her/his disability.
• Asking employment seekers questions relating to their current or past medical conditions, or ordering job applicants to go through medical examinations.
• Designing or maintaining a workplace that has substantial barriers that are physical, to the movement of individuals with physical disabilities.
• Discriminating on the basis of either mental or physical disability, in different aspects of job, including; firing, hiring, recruitment, job assignments, training, benefits, promotions, pay, layoff, plus all other job-related activities.
• Declining to provide a decent accommodation to workers with a mental or physical disability that would allow them to perform their duties.

If you have experienced either of these things while working, just know that you may have suffered disability discrimination. If you are qualified for a job and have a disability, there are state and federal laws that protect you against discrimination, harassment, and retaliation due to your disability. Additionally, you are also protected if you happen to be a victim of discrimination due to your association (business, social, family or any other relationship) with a person with a disability.

The examples of disability discrimination.

It is important to note that discrimination due to disability can happen in a number of ways. It can be direct, and obvious, or indirect, and not obvious. The examples are explained below.

Direct disability discrimination: A restaurant allows a couple with a child who is disabled to take meals in their outdoor seating place but not in their family room. In this case, this family has not been given the same choices given to other families.

Indirect: A local authority, for example, a Department of Health, produces a leaflet with information concerning its services for the people. In an attempt to reduce the costs, it fails to produce a version of the leaflet that is easy to read. This practice makes it quite tough for someone with a learning disability to get the information and the services, and this could lead to indirect discrimination.

The federal laws that cover people with disability.

The Americans with Disabilities Amendments Act of 2010;

This particular law prohibits state and local governments, private employers, labor unions and employment agencies from discriminating against individuals with disabilities who are qualified in their employment application procedures, firing, hiring, compensation, job training, advancement, and other conditions, terms and privileges of employment. Parts of the ADA not relating to employment look into discrimination by governmental agencies and in public accommodations.

For additional detailed information concerning the ADA, visit the U.S. Equal Employment Opportunity Commission’s Website on Disability Discrimination.

The 1973 Act of Rehabilitation.

This particular act states that it is illegal to discriminate by disability in Federal employment, in programs conducted by Federal agencies, in programs receiving Federal financial assistance, and in the employment practices of federal contractors.

The procedure for determining discrimination related to employment under the Rehabilitation Act are no different to those used in the Americans with Disabilities Act.

The laws explained above are the primary federal laws that apply to discrimination in the workplace. However, it is crucial to note that there are numerous other federal laws, which make it illegal to discriminate on the concept of disability and includes:

The 1968 Architectural Barries Act, which demands that facilities and buildings, constructed, altered, designed, or leased with given federal funds after September 1969 must be accessed and used by physically challenged people.

The 1986 Air Carrier Access Act, which prevents discrimination in the provision of air transportation.

The Housing Fair Act, which prohibits discrimination in the rental, sale and financing of housing based on disability.

And the Individuals with Disabilities Education Act which ensures that learners with disabilities are protected and that children with disabilities have access to free appropriate public education.

Individuals considered disabled under the law.

According to the ADA Amendment Act, disability refers to, with respect to a person, one who:

Has a mental or physical impairment that substantially limits one or more main activities of life of such a person;

Has a record of such an impairment,
Is regarded as having such an impairment,

The ADA Amendments Act alters the manner in which these criteria should be interpreted.

How the disability definition is interpreted under the law.
The ADA Amendment Act stresses that the definition of disability should be interpreted in a broader approach.

The Act orders the EEOC to revise the part of its regulation that defines the term Substantially limits. It also expands the definition of main life activities to incorporate:

Events previously recognized by the law, such as seeing and walking, together with the new one such as communicating, reading and bending.

The primary functions of the body such as functions of the normal cell growth, digestive, bladder, immune system, brain, respiratory, circulatory, reproductive and endocrine functions.

In the process of finding out whether an individual has a disability or not, mitigation measures, (if you can use medication to eliminate the limitations of your medical state, or successfully use a hearing aid, a prosthetic, glasses or other helping device) other than ordinary contact lenses will not be considered.

Though a particular impairment might be in remission or intermittent, it will be considered a disability if, it would substantially hinder a major activity of life.

If you are a person subjected to an action prohibited by the ADA such as failure to hire, due to impairment, which is either perceived or actual, you will meet the regarded as the definition of disability, unless the impairment is in transition or a minor.

The employees covered by the law.

Employment discrimination against individuals with disabilities is prohibited if practiced by:

Employment agencies.
Private employers.

Local and state governments.

Organizations of labor or

Committees of labor management.

The ADA applies to all companies, including local and state government employers, with fifteen or more workers. Most states also have laws that prohibit discrimination by disability.

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