Wednesday, July 17, 2013

The Benefits of California Disability Discrimination Law

Accommodation and Protection: The Benefits of California Disability Discrimination Law for Differently-abled Americans

In a perfect world, everybody’s made equal. There are no weaknesses and disabilities to battle with. Impossible is nothing and everybody can do anything they can think of. However, in the real world, some people are more blessed than others. There are even people who live with limited capabilities because of disabilities. Two people born with it, every day is such a big challenge and proving one’s self is too difficult knowing that a lot of people tend to underestimate you. Putting insult to injury, there are people who look down on them and their capabilities, especially in the workplace.

The birth of the Americans with Disabilities Act

In California, disability discrimination exists just like in any other state in the country. Because of the continuous discrimination that people with disabilities get from others, the government has come up with the Title VII of the Civil Rights Act. Under this law, workplace discrimination is strictly prohibited and that includes people with disabilities. However, according to some Disability Discrimination lawyers, because the law’s focus is too broad, it was unavoidable for some lawmakers at that time to miss anything about say a particular kind of discrimination. And so the Americans with Disabilities Act (ADA) is implemented. With this amendment, now a job-qualified individual with a disability is protected from discrimination in the workplace. No employer can refuse to hire a qualified individual just because of his or her disability. Moreover, an employee cannot be treated less favorably by an employer just because of the same disability. Furthermore, an employer cannot make employment decisions like firing, determination of pay, job assignments, promotions, layoffs, training's, and deny fringe benefits to an employee based on his or her disability.

Protection during employment application and interview stage

An employer must not have prejudice over employees with disabilities. The law requires employers to look beyond the disabilities of an individual and focus on the skills that one worker can offer a company. In the end an employer cannot choose not to hire a prospective employee just because of his or her disabilities. An employer must hire a disabled applicant if he or she fits the requirements needed for the position he or she is applying for. Discriminating against an applicant is punishable under the ADA.

Protection against harassment

There are many forms of harassment. It could be in the form of harassment of a normal individual to one with a disability. It could also be through making offensive remarks about one person’s disability, or anything that promotes a hostile or offensive working environment. A Los Angeles Disability Attorney believes that this is a form of discrimination harassment. That is why all of these are prohibited under the ADA.

Providing reasonable accommodation

Disabled people may have lost one of their capabilities but that doesn’t mean that they cannot contribute to an institution. More than anything, these people need everyone’s help to make them more productive members of the work team. That is why employers are required to give reasonable accommodation to their disabled employees. An employer should extend all the help that they could a disabled worker unless the needed help causes undue difficulty or expense to the owner or its other workers.

Disability Discrimination in California

The State of California has some of the most comprehensive laws to protect the rights of its workers. In addition to the ADA, disabled workers in California are also protected by the Fair Employment and Housing Act (FEHA), which prohibits discrimination and harassment against employees with disabilities. According to a Disability Discrimination Attorney in California, laws against disability discrimination are just some of these laws that protect people with disabilities from harassment in the workplace.

If you are a person with a disability and you have been a victim of such acts of discrimination in the workplace, you don’t have to suffer silently. You can ask for the help of Disability discrimination lawyers in California and they will be there to help you. File the necessary complaints against those people who discriminated against you. Your disabilities might prevent you from doing some things that some people can do but that don’t make you any less of a person. Because in the end, it is never about your disabilities; it is your skills and contributions that matter in a workplace.