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4 Reasons Why Age Discrimination Lawyers Are Necessary

4 Reasons Why Age Discrimination Lawyers Are Necessary
  1. Age discrimination is being overlooked
Discrimination in the workplace is the impetus of fear for new applicants when applying for jobs in superficial corporate America. Applicants with names that are laced with the negative stigmas of a racial minority existence are left perplexed and fearful of being rejected by a prospective employer prior to even being extended an invitation for a formal interview solely based on prejudices invoked by their ethnic sounding names. Job-seekers within the LGBTQ community are troubled by the thought of appearing for an interview and being judged harshly by the interviewer as an immediate reaction to their seemingly insufficient level of conformity to societal norms. Race, sex, and religious forms of discrimination have been the focal point for present day social and political protesters. Issues concerning the aforementioned topics of discrimination have historically plagued the job-hunt and sabotaged promotion opportunities for a myriad of American citizens. With these issues of discrimination in the forefront, we may find it somewhat easy for one to overlook forms of discrimination that may occur against the nation's elderly population.
  1. Age discrimination impacts not only the employee but also their families
With the average American Life-span expanding into later years, more employees are remaining in the workforce. With this in mind, many of these employees have children later in life and therefore their families depend on them financially. For example,
Growing up in a single parent household, Tammy and her sisters and depended on their mother to provide consistent financial stability. It never crossed their minds that sexism, racism, and/or ageism could creep into the hiring process, and hinder their mother's ability to provide that financial security that they sought from her. During the junior year of Tammy's undergraduate studies, her mother was terminated from her job of ten years. It was during the period of her job search that Tammy discovered the extent of her mother's concern for discrimination during the hiring process. As Tammy attempted to comfort her worries, Tammy's mother exclaimed "…it's easy for you to be calm, because you're young. People will hire you in a heartbeat". Immediately Tammy realized that it was not the possibility of being under qualified for the job postings that worried her, but it was the constant fear of being discriminated against because of her old-age and lack of youthfulness that triggered her apprehension. The complexity of her present situation forced her to consider the potential for unwanted strain and hardship caused by an inability to manage and fulfill all of her responsibilities. Worry endlessly circulated through her mind as the gravity of having to singlehandedly maintain the household bills and welfare of her children weighed down on her tense and stressed shoulders. Tammy understood her reluctance towards returning to the applicant pool in her mid-forties, as well as, the perplexities surrounding the undesirability she imagined would plague her image during her attempts to gain employment. As her daughter, it was extremely disheartening for Tammy to see the usually confident, smart, and courageous woman whom she so vastly admired become so dispirited by this circumstance.
  1. Age discrimination laws need to be litigated by an Employment Lawyer
When the feelings of pessimism and rejection consume a job applicant during their job search
anti-discrimination Acts like The Age Discrimination in Employment Act (ADEA) need to be enforced by Employment Lawyers. The Age Discrimination in Employment Act (ADEA) "…is a federal law that protects workers and job applicants age 40 and over from age-based discrimination in all aspects of employment." Encouragement can be felt by a number of aging Americans in the market for a job or currently employed knowing that the federal law is on their side in the workplace. Notably, Section 4 Clause 1 of the ADEA prohibits employers from discriminating against someone solely based on age. With further analysis of this clause by an Employment Lawyer it is equally important to note that the term "all aspects of employment" is not narrowly tailored to only protect from discrimination during the hiring process, but the ADEA ensures that "an employer may not fire, refuse to hire or treat an employee differently than other employees because of age". The protection of this law does not conclude with the applicant's ability to obtain a job, but it continues to protect the employee throughout the life of their employment. This aspect of protection is further dissected and thoroughly defined in the opinion of the case by District Judge Robert Taylor in his ruling of James G. Gill v. Union Carbide Corporation. Taylor states that "The purpose of the Act under which this action was instituted is to promote employment of older persons based on their ability rather than their age; to prohibit discrimination on account of age; and, finally, to aid workers in meeting the impacts that come with age. 1 Section 623(a)…". His analysis of section 623(a) of the ADEA forces the reader to consider the significant impact that age can have on one's ability to perform job-related duties that were much easier to execute in their youth. Furthermore, this clause of the Act makes it a necessity for the employer to provide adequate accommodations for an employee to aid them in successfully fulfilling their work-related obligations. Again, in order to have these rights enforced if they are violated, an employee would need to have an Employment Lawyer represent them in their case against their employer.
  1. The facts of each case are unique and need the close analysis of an Employment Lawyer
The laws that regulate age discrimination vary in their application because they are mainly based on behavior, therefore an Employment Lawyer is needed for analyzing the unique facts of a case.
The anti-discrimination laws for age are established to regulate adverse patterns or behavioral trends that previously occurred on a more consistent basis. These adverse patterns and/or behaviors have or can in some way, shape, or form inflict harm on another human being. To focus on numbers and productivity instead of appreciating the human being that is working diligently to produce the product, then to subsequently devalue elderly employees and prospective applicants are unethical and appalling. Cases in which an employer chooses to fire an employee based solely on their aging status, and not on their lack of work ethic are morally wrong and corrupt. Furthermore, refusing to promote, hire, or professionally consider someone as a consequence of their age is equally immoral.
Aging is a part of life, therefore, a culture in which an aging person is afraid of not being able to provide for themselves due to their undesirability in the workforce in unaccepted. Idealistically longevity in a position should demonstrate to an employer that an employee is reliable, dedicated to the company, and (more than likely) encompasses a wellspring of knowledge about the company. An individual with this set of characteristics is clearly an asset to a business and not a burden. The fear that can overcome any employee over 40 that the thought of re-entering the applicant pool while over the age of 40 is a feeling which no American should have to endure. Knowing that the lawmakers of this nation see the value in workers aged 40 years and above should provide a sense of comfort for individuals that find themselves in predicaments. The ability to provide for yourself and/or your family is a luxury that should never be compromised by judgmental ideologies of what it means to be "useful".
If you have an employment situation that involves issues with your age, you should reach out to an age discrimination Lawyer.

برچسب‌ها: 4 Reasons Why Age Discrimination Lawyers Are Necessary,
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7 Things You Didn’t Know About Medical Leave of Absence From Work

7 Things You Didn’t Know About Medical Leave of Absence From Work
Currently, a majority of employees in California struggle with work-life balance. An individual may be striving for that promotion at work, finding time to go to their kid's soccer game, praying they will finally pay off their student loans, and still finding a moment to hit the gym so they can stay in good health. The average Californian tries to do it all. But what happens when a serious illness gets thrown into the mix for the employee himself or an immediate family member? Or, what if an employee is injured and needs surgery which will require time off from work to recover? More importantly, what if you take a leave of absence and as a result, you are fired? A leave of absence resulting in a termination might mean you were fired for an illegal reason. An Employment Lawyer is the type of lawyer who handles these types of situations. If you are thinking you may need an Employment Lawyer, here are some points to consider that you may not have known.
  1. The number of people you work with may be important
7 Things You Didn’t Know About Medical Leave of Absence From Work
It seems odd, but the number of people employed by the organization or company you work for may be a significant factor in whether you have a leave of absence claim. There is a 50/75 rule which means there need to be 50 employees at your job-site, or 50 employees within a 75-mile radius of your job site. For example, you may work for a company that only has 20 employees in your building, that means you don't meet the 50 employee standard. However, if the company has another branch 25 miles away from your job-site and has 30 employees on-site, that may suffice to meet the requirement. Here, the 50/75 rule is likely met because the branch is within the 75- mile radius requirement and adding the branch's employees equals 50 employees total.
It is important to note that the 50/75 rule does not apply to an employee who takes pregnancy disability leave.
  1. Being sick or injured isn't the only type of recognized leave
7 Things You Didn’t Know About Medical Leave of Absence From Work
Aside from taking time off for their own illness or injury, an employee may take leave to care for a member of the family who is seriously ill. Also, an employee may take a leave of absence because they are pregnant or for the initial receiving of an adopted or foster child.
  1. Your leave may last up to 12 weeks
7 Things You Didn’t Know About Medical Leave of Absence From Work
As an employee, you may have the right to take up to 12 workweeks for your leave of absence. The 12 workweek leave is permitted in a 12 -month time frame. Keep in mind though, your employer has some discretionary power on how the 12-month period is measured. For example, an employer can decide to measure it as a calendar year instead of measuring the 12- months starting on the day the employee took their leave.
  1. You get the best protection the law provides
7 Things You Didn’t Know About Medical Leave of Absence From Work
There are multiple statutes that overlap and provide protection for an employee's right to a leave of absence. Although multiple statutes covering leave complicates the process, the good news is that an employee who has taken or needs to take leave is entitled to utilize the statute that provides the best protection and most rights for their particular circumstances.
  1. Your employer can give you more time off than the law requires and you can hold them to it
7 Things You Didn’t Know About Medical Leave of Absence From Work
Your employer has to meet certain standards the law sets out for providing leave to employees. But, if your boss is generous, he or she is entitled to exceed those standards and you may be able to enforce what they promised. For example, Brad is an employee at a marketing agency and takes a medical leave to have corrective surgery on his shoulder. Even though he was entitled to 12 weeks of medical leave by law, his employee handbook states that he has 14 weeks. After he took 14 weeks leave for his surgery his boss replaced him and told Brad they no longer had a position for him at the agency. Here, even though by law was only entitled to a 12-week leave, because he was promised 14 weeks in the employee handbook, he may have a claim against his boss for violating the company's own standard.
  1. In most situations, you can't be replaced or demoted
7 Things You Didn’t Know About Medical Leave of Absence From Work
If you take a medical leave of absence that is covered by the law, you are entitled to have your original position restored back to you or another position that is equal. For example, Tammy was a full-time employee at a multinational package and delivery company working in the financial accounting sector. She took a leave of absence to care for her child because he was suffering from a serious illness. Upon Tammy's return, the head supervisor of the department told Tammy he had to replace her and now she must work in customer service as a customer service representative. Tammy was devastated by this news because this meant a huge pay-cut for her in comparison to her position in finance. In addition, she was over qualified for the new position. Here, not only was Tammy replaced, she was moved to a position that was considered a demotion from her original position and it was not equal in pay or department. Tammy might have a claim against her employer for violating her right to take a leave of absence to care for her son.
There is an exception if the employee taking leave or did take leave was in a significant position such as a CEO or was high-up in management. In a situation such as this, an employer may not be required to hold the employee's original position.
7. You can't be fired or demoted because you took a leave of absence
7 Things You Didn’t Know About Medical Leave of Absence From Work
After requesting or insisting for leave of absence or taking a leave of absence, your boss can not demote you or fire because you took the leave. By mistreating you, singling you out, demoting you, or transferring you after you put a request in for taking a leave of absence may indicate retaliatory behavior. This basically means your boss is not allowed to punish you or make your job more difficult specifically because you took a leave of absence. This may be considered retaliation which is prohibited by law in California.
In taking all of these points into account, if you have an employment situation that involves issues with you taking a leave of absence, you should reach out to an Employment Lawyer.

برچسب‌ها: 7 Things You Didn’t Know About Medical Leave of Absence From Work,
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3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment

3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment
The word "battery" is a word you would normally hear while watching your favorite crime drama, but it actually can occur in your very own workplace. Under civil law, particularly in employment law, employees are entitled to bring a claim against their employer if they have been a victim of battery in the workplace. The tort claim requires the employee suing their employer to prove that they were touched or the employer caused the employee to be touched and that the touching was intended to cause the employee harm or cause he or she to find the touching offensive.
An Employment Lawyer is the type of attorney who specializes in this type of situation, especially when a single claim may overlap with another claim. Battery claims do not always come alone though, they are often accompanied by sexual harassment. There are three features of battery, all of which have the potential to have a sexual harassment element to each of them. Sexual harassment in the workplace is prohibited by law and employees have the right to sue if they become a victim of unwelcome touching or inappropriate comments.
Below are some of the excuses employers have in response to battery and sexual harassment claims.
  1. "I didn't mean to hurt or offend you"
If an employee follows through on pursuing a claim against their employer for battery, they need to prove the employer had intent. On the surface, intent would seem to mean that the employer made it his or her goal to hurt the employee, however this is not the case. When making out the elements of battery, intent is proven by showing the employer intended to do the act that caused the harm. For example, person A smacked person B's buttocks in what person A claimed was just a "love tap" while person B suffered extreme pain in their tailbone, extreme humiliation, and or suffered extreme anxiety from this so called "love tap". In this example, although person A did not intend to hurt person B, person A did intend to commit the act, smacking B's buttocks, which caused person B harm. Therefore, in that example person B would be able to prove intent in their battery claim against person A.
  1. "I was just joking, you're not even hurt!"
Satisfying the second element of battery can be tricky in that it is based on contact that is harmful or offensive. Of course physical harm is more concrete and may be easier for an employee to show if they had a bruise or mark, but how do you prove "offensive"? The law in California says that touching is offensive where a reasonable person would find that it offended or wounded their personal dignity. For example, Sally was an administrative assistant at a marketing agency. Her job required her to spend a lot of time filing paperwork and restoring it in the filing room. One day while she was trying to place a file box on a high shelf, her boss Greg saw she couldn't reach and said "here let me help you" and picked Sally up by placing his hands on her buttocks and waist. Here, although this touching did not harm Sally, she found the touching to be offensive and a reasonable person in Sally's position would likely find the touching of one's buttocks and waist by their boss to be offensive.
Note that harmful or offensive conduct in a battery claim is negated where the touching was unavoidable, it was for a legitimate reason, or it was a touching that is acceptable in the course of everyday life. This means that if the harmful or offensive touching took place during an event that falls under one of those categories, then a claim for battery may be voidable. For example, let's look at Sally and Greg's situation again. This time, Sally was standing on a ladder to reach the shelf and lost her balance but Greg caught her before she hit the ground. Here, even though Greg may have touched her in a way that might be harmful or offensive, the touching may be considered as unavoidable because she fell on to Greg.
The way in which harmful or offensive is identified can be complex depending on the circumstances. It is best to have an Employment Lawyer analyze the facts of the case to ensure you get a professional and thorough opinion.
  1. "You didn't say no"
Consent is one of the elements that needs to be made out in a battery claim. Did the employee tell the employer that he or she wanted to be touched? Did the employee welcome the touching? Often when a battery claim is brought against an employer, they will claim that they thought consent was not necessary. Consent is an important factor in making a claim against an employer in battery. Where there is no consent for the touching, the employee's case is strengthened.
As seen in the examples above, battery and sexual harassment often go hand-in-hand. All three elements of battery need to be met in order to have a battery claim and in addition to the battery claim, an employee may have a sexual harassment claim. If an employee has been sexually harassed by unwanted touching, he or she may have a claim against their employer for sexual harassment in addition to the battery claim. Again, sexual harassment can be characterized as unwanted touching which is where the battery usually ties into the sexual harassment claim.
Taking all of the information and examples into account, an employee may be able to identify similarities in their own situation at work. Of course, every case is different and it is only with the guidance of legal a professional such as an Employment Lawyer that an employee will know if they have a claim worth pursuing. The Employment Lawyer will want details of the circumstances to ensure that all elements of battery have been met and the lawyer may also ask through questions about the sexual harassment the employee has experienced.

برچسب‌ها: 3 Excuses an Employer Might Make When They are Accused of Battery and/or Sexual Harassment,
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3 Basic Points About Employee Rights You Need To Know

3 Basic Points About Employee Rights You Need To Know
Have you ever wondered what would happen if you lost your job because you were in an accident and needed time off? What if a new manager was hired at your office and you suspect that he does not like you because of your ethnicity or skin color? Are you in a situation at work where another employee won't stop asking you out on a date and insists on making creepy comments about how attractive you are? Did you see something illegal happen at work like patient abuse and reported it but you were fired right after? Did you recently tell your boss that you are pregnant and you were let go because of this? What if you have a disability and you your boss denied your accommodation request? These are all unfortunate situations but many employees within the workplace endure such mistreatment. Where is the line drawn though and what rights do employees have? What rights does the employer have and how do their rights coexist with employee rights?
1. What is wrongful termination?
An Employment Attorney would be the type of legal professional to bring all of your employment related questions to, especially if you were fired. An Employment Attorney specializes in what is called wrongful termination. In California, an employee is considered as an at-will employee which means that the employee can be fired for any reason or for no reason at all. For example, your boss can fire you just because he or she does not like you, because you were late to a shift, they don't like the way you dress, they think you're annoying, or even they can even decide not to tell you at all the reason you why you were fired. Employers technically have the power to fire you without cause as long as they did not make the decision based on an illegal reason. Being fired for an illegal reason might be considered as wrongful termination.
Wrongful termination is basically where an employee is fired or let go from their job based on an illegal reason.
2. What is considered as an "illegal reason"?
We have touched on what kind of an employee employees are considered as in California and the "unless" of terminating an at-will employee. The "unless" applies to an illegal reason, but what does that mean? What is an illegal reason?
Some examples of an illegal reason would be if you were discriminated against based on your age, race, religion, gender, sexual orientation, disability, or marital status. There are employment laws that recognize certain characteristics and classes that are protected within the workplace in a particular way. For example, an employee over the age of 40 may be terminated, but prior to his or her termination, this particular employee may have experienced mistreatment at work such as negative comments made in regards to his or her age such as "You are getting too old for this job" or "Isn't it time for you to start thinking about retiring?". These comments that were made prior to the employee being let go or terminated may indicate that he or she was let go specifically because of his or her age. This all may result in a suit against the employer because employees over age 40 are considered a protected class and it is illegal for that employee to be fired because they are 40 or older.
Another example of discrimination would be if an employee was fired for a bogus reason, however, he or she felt as though it was because of their race. An employee may be able to prove this by providing evidence that he or she was passed over for employment opportunities that he or she was qualified for and this also happened to other employees who were also of the same race as this particular employee; this may establish a pattern of race discrimination within the workplace. Again this scenario may give rise to a claim of wrongful termination and discrimination if the employee was eventually fired.
Alternatively, an employee may be fired for what is considered as an illegal reason if they report sexual harassment and they are fired thereafter. Sexual harassment within the workplace is prohibited by law and therefore an employee is entitled to report any incidences of sexual harassment without being fired. For example, a male employee may witness another male manager sexually harassing other female employees and reports this to the Human Resources Department. Soon after the sexual harassment was reported to the Human Resources Department he was terminated without reason. Here, although his employer is not required by law to give a reason for terminating the employee, because it happened rights after the employee made the complaint, it may be considered wrongful termination.
Lastly, another example of wrongful termination may arise if an employee with a disability makes a request for accommodation and in response, the employee is fired. A request for accommodation should be met by an employer as long as it is reasonable.
These are all just examples of wrongful termination. Every case is different and requires a consultation with an Employment Attorney to discuss whether or not you have a wrongful termination case.
3. How do you know if you have a case?
As mentioned previously, every situation is different and the laws that govern wrongful termination are complex. The most efficient way to find out if you have a case is to contact an Employment Attorney. The Employment Attorney in your area may ask you questions such as how long you have been employed by your employer, were you fired, why you think you were fired and may need further information regarding past incidences that lead to your termination. By asking these questions the attorney can gather all the information and may be able to draw a conclusion as to whether you have a case and/or they may provide guidance on what you need to do next, such as filing for the right to sue.
In addition, should you deiced to contact a lawyer to discuss your potential case, you should reach out to an Employment Attorney who offers free consultations.

برچسب‌ها: 3 Basic Points About Employee Rights You Need To Know,
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4 Things to Know About Leaves of Absence and Wrongful Termination

4 Things to Know About Leaves of Absence and Wrongful Termination
4 Things to Know About Leaves of Absence and Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn't go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would you have to take off work for the duration of their recovery? Suppose your doctor told you that you were in need of surgery as soon as possible? Perhaps one of your parents was in a recent accident, would your boss give you time off to care for them? What if your husband or wife was injured while on active duty in the armed forces, could you get time off to help him or her? What if you were temporarily disabled but you could come back to work, does your boss need to accommodate you?
When an employee needs to take time off from work for certain reasons, it leaves the employee vulnerable to possible violations of their employee rights by their employer. There are laws in California that regulate employee leaves and the way in which employers must respond to an employee requesting and/or taking a leave. Not all employers follow these laws nor do they implement them into their policies. This is where issues arise for the employee which may lead to the need for an Employment Lawyer. An Employment Lawyer is a type of attorney who has experience in employment law on the employee side. This means the Employment Lawyer represents employees against their employers in particular leave of absence cases.
  1. Termination? Wrongful? Wrongful termination?
An employee may run into issues at work once they request for a leave, take a leave, or return from a leave. When and if this occurs, certain employee rights may be violated and legal action may need to be taken.
The word "terminated" in employment law is just a fancy word for being canned, fired, or getting sacked. It is a word usually used to characterize the way in which an employee was taken out of their employment as opposed to quitting, being let go, or a position being eliminated altogether. Termination is usually the result of an employee not conducting themselves in a professional manner such as being late or not producing satisfactory work product.
Where does the "wrongful" come into play? Every state in America has its own laws regarding employment. In California, all employees are considered "at-will" employees. This means that all employees can be fired from their position for any reason or even for no reason at all except if it is for an illegal reason. Employers can decide at their own will to get rid of an employee when it suits them as long as they do not decide to do so because of the particular employee's race, age, gender, sexual orientation, disability, medical condition, or if an employee makes a complaint concerning illegal/unlawful activity being exercised at the workplace. If an employer decides to terminate an employee based on one of those mentioned reasons, that may be considered a wrongful reason.
If an employee is terminated but the employee believes it is because they requested a leave, took a leave, or returned from a leave, he or she may be a victim of wrongful termination.
If an employee is terminated but it is based on what the law considers a wrongful reason, this may be identified as "wrongful termination". It is wrongful because it is based on an illegal reason. If an employee believes that he or she was wrongfully terminated because they were fired for an illegal reason, then he or she should contact an Employment Lawyer in their area.
  1. Failure to comply with accommodation request
Sometimes an employee may be cleared to work after taking a medical leave but only under certain conditions and/or restrictions. If an employee returns to work after taking an approved leave, they may ask for certain accommodations from their employer in which their employer needs to comply with as long as the request(s) are/is reasonable. For example, an employee may request to work during certain hours or perhaps shorter shifts. If an employer fails to meet an employee's reasonable request(s), the employee may have a case against their employer for failing to comply with their disability needs.
  1. Time is relevant
How much time can an employee take off for a leave of absence? Depending on the circumstances, technically an employee is permitted to take up to 12 weeks for a recognized leave of absence. There are other factors involved in deciphering how much time an employee is entitled to, but it is a determination that usually an Employment Lawyer would be able to make.
  1. Communication is key
If an employee needs to take a leave, keeping open communication with their employer is key. An employee should keep their employer informed of when he or she will need to take a leave, how long he or she expects to be out of work, and should their circumstances change, they should inform their employer as soon as possible. Normally during this time, an employee is on unpaid leave unless their employment contract says otherwise. Where an employee would need more time in addition to the 12 weeks, he or she may contact their employer and inform them of this need in the form of an accommodation request. This request would likely need to include a doctor's recommendation of the additional time off. Keep in mind however that after the original 12 weeks is up, there are certain laws that do not obligate the employer to restore the employee's same position back to him or her upon their return.
In conclusion, disability leave and wrongful termination are complex areas of the law, which is why it would be useful to contact an Employment Lawyer. An Employment Lawyer who offers a free consultation with no up-front costs is the best kind of legal professional to contact. Each employment case is unique in its circumstances and facts, therefore an Employment Lawyer would be useful in the sense that they could tell a particular employee whether or not they have a case worth pursuing.

برچسب‌ها: 4 Things to Know About Leaves of Absence and Wrongful Termination,
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How people have fought against discrimination

How people have fought against discrimination
How people have fought against discrimination
Many employees face discrimination. The ADA, ADEA, Title VII Civil Rights Act and OSHA' s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and keep their jobs. Also, any employee who files a complaint is protected by the OSHA' s whistleblower and civil rights laws.
Prior to 1960, there was a lot of discrimination. Presidents such as Abraham Lincoln, John F. Kennedy, and Vice-President Dan Quail have played a major role in alleviating discrimination.
President Abraham Lincoln ended slavery in 1898. This brought freedom to the African Americans. Title VII of the Civil Rights Act protects minorities, females, and employees in non-traditional professions keep their jobs. Non-traditional professions are a reference when female works in a traditionally male environment such as engineering, construction, computer field, etc. Also, it protects males that are in traditionally female professions such as nursing, daycare, hostess, etc.
President, John F. Kennedy played a vital role in the civil rights movement. The 1960's were years when African Americans and other minorities were recognized in employment places due to the Civil Rights Act. Martin Luther King and so many people spoke and publicized equal rights for all people. Without these movements, we would be stuck back in the 1960's where segregation played a role in society. I am glad we have diversity to be the number 1 nation in the world by contributing globally through American influences. Some of the American influences are the Army, Navy, Air-Force, and Marines plus USA companies going overseas. The USA is a role model for fairness when it comes to hiring a diversified workforce. A lot of societies are affected by blood is thicker than water, the caste system in India, and other racial differences. These type of attitudes does not help employees get fair treatment in other countries as well as in the USA.
Vice-President Dan Quail played a key role in creating the Joint Training Partnership Act(JTPA). This helped displaced employees such as homemakers, people who cannot get rehired in their field due to disabilities or attrition, single moms, etc. get training and help for daycare, gas expenses, etc. This has been replaced by other programs for youth, women, and men. I believe JTPA helped you train to your fullest potential. Current programs give you minimal training and low paying jobs, unlike the JTPA program.
My mom, Sandy Dwyer, worked closely with ADA organizations. She was a member of the USA Congress. She handled complaints in reference to ADA and Civil Rights Act. Many employees were terminated because of their differences. She has processed many complaints and tried to get their job back by mediation.
My mom has closely worked with BVR employees. BVR stands for Bureau of Vocational Rehabilitation. One of her clients had back problems. Due to her disability, she received a scholarship. Since my mom was a BVR contractor she was able to help this lady pass her math class to obtain her degree. There are many examples and miracles she was able to put in place.
The OSHA whistleblower act is a key because it protects employees and citizens from filing complaints against any company. Prior to working for Congress my mother, Sandy Dwyer, was a Senior Environmental Engineer. She would get many complaints from citizens. Her job was to inspect and process the complaints. One of the complaints was in reference to a sludge management plan. This was the practice of spreading manure on farm fields to help save money for farmers as well as meeting pollution prevention act to avoid irresponsible disposal or filling up landfills quickly. She found out a neighbor boy could not handle the smell and would set off his asthma attacks. She was able to show other forms of fertilization instead of manure spreading. All in all, everything was kept anonymous.
When it comes to laws California and New York set examples for rest of the states. I live in Ohio. California, New York, and Ohio are in the top 10 states for setting precedent on all laws including Civil Rights, ADA, whistleblower, and other acts.
When new laws are enacted it takes a long time to get them through the Congress. Implementation has to be accepted by each state before each city implements fairness laws.
America-USA is known to have the most lawyers compared to any country. Next is the UK. We surpass the UK in terms of lawsuits. I think having so many lawyers keeps all employees and firms on their toes. Because of lawyers and the legal system we are able to set an example to the rest of the world when it comes to diversity. Most of the world comes in contact with a US influence through the military, USA firms or retail firms such as McDonald's hamburgers and fries. Because of Civil Rights Act and diversity we hold no bars when it comes to going overseas and starting a business. Lawyers are utilized in this process to get the ball rolling overseas.
Thanks to law firms such as Steven and McMillan we as America, employees, and citizens are able to freely pursue any career without restrictions. Without law firms such as yours, only a few would benefit. Due to law firms like yours and our legal system we experience diversity and equal employment opportunities.

برچسب‌ها: How people have fought against discrimination,
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How The American Disability Act (ADA) has protected the disabled workers?

How The American Disability Act (ADA) has protected the disabled workers?
How The American Disability Act (ADA) has protected the disabled workers
The American Disability Act (ADA) has increased the probability that disabled workers can be included in the workforce. No longer can businesses choose to not hire a job applicant because of autism, past episodes of cancer, or any major or long-term factor that hinders any major life activity (eg: vision, learning, walking, etc.). The passing of this law essentially made it more difficult for companies to pass over candidates with health complications that obstruct these candidates from executing major life activities like most people without a disability.
Prior to the ADA, it was acceptable for people with the incredible potential to be overlooked. What if the NFL barred Tim Tebow from playing in the league because he was dyslexic? Then, the thousands of people who received medical care at the Tebow CURE hospital might not be alive today. Tim Tebow's job in the NFL gave him the money necessary to create the Tim Tebow Foundation and ultimately the hospital in the Philippines. The ADA protected Tebow from discrimination based on a learning disability, allowing him to tap into his athletic potential, earn a sizeable salary, and create medical organizations to help improve the lives of thousands of people. Another example in popular culture of how the ADA has helped people with disabilities can be seen in the new drama on ABC dubbed The Good Doctor. Protagonist Shaun Murphy is an autistic surgeon. Despite Dr. Murphy's social impairments, Dr. Murphy is a brilliant medical professional, able to diagnose medical complications in seconds. The amount of lives Dr. Murphy can improve through proper medical diagnosis is astronomical, and his boss does his best to properly accommodate to Dr. Murphy's social needs for that reason. Prior to the ADA, Dr. Murphy could have been rejected from the hospital, as the director of the hospital has an obvious bias against Dr. Murphy. If a major television company can create a television drama that hinges on the ADA, then it must mean that this law has had an enormous impact on disabled workers in the workforce.
One specific improvement the ADA allowed for was that it gave people in wheelchairs the same opportunities for public transportation which can significantly better these people's performance in the workplace. Prior to the ADA, people with severe motor deficiencies had to abandon their wheelchairs if they wanted to ride a bus or train. Now, imagine being in this situation: a skilled, independently acting professional who must be carried around like an infant because of a neuromuscular deficiency or a spinal injury. It would make a person hate oneself for something that is out of one's control. I will bet that the proclivity to think negatively about oneself was probably extraordinarily high for disabled workers before the ADA existed. This negative thought pattern would logically decrease work productivity, (if the person with disabilities even had a job), increase negative affect, and plummet life satisfaction. With public transportation incorporating mechanisms to house wheelchaired individuals, this allows professionals to maintain a relatively normal social image, have a better self-confidence, and work more efficiently and passionately in the workplace.
The ADA is not only directly beneficial for people with disabilities, it is also indirectly beneficial because of how it helps businesses generate revenue. For instance, handicap accessible walkways and elevators not only allow physically handicapped individuals an easier means of navigation, but it also helps all types of people: people pushing strollers, people navigating a heavy cart, people who have chronic back pain, etc. The inclusivity of physically handicap accessible structures encourages more people to go to a certain place, such as a University or a theme park, and the increased attendance generates surplus revenue to cover the costs to create these structures. In other words, complying with the ADA positively impacts those who do not have a disability and those who experience the disability. Another example of this is the hiring of sign language interpreters. Since the 2008 financial crisis, United States citizens have been recovering from significant unemployment levels. Augmenting this, technology automation has also led to a decrease in available jobs. Thankfully, the need for sign language interpreters has not become automated, and the hiring of these individuals, although costly for a corporation or not-for-profit institution, pays dividends to the deaf community in the workforce. Actress Marlee Matlin, the only deaf actress to win the Best Actress in a Leading Role Academy Award, demonstrates the need to accommodate people with disabilities. Matlin's success shows that some people with incredible talent need help to overcome their barriers so that they can share that potential with the world. Giving necessary resources to people with disabilities allows this to happen, and it not only benefits the people with disabilities, but it also benefits the community around those people, as thousands of people have enjoyed Matlin's performance in Children of a Lesser God.
Prior to the ADA, a person with a disability could barely find a job, a place to eat, or a means to get to either a place to work or a place to dine. People with disabilities could not efficiently navigate the cities, and if they got to the place of interest, they would have to also overcome the social embarrassment associated with their disability. Now, people with disabilities have more opportunities. The ADA promises to enforce that all people with disabilities should have an equal chance of getting a job and achieving their goals in life. The ADA allows people with disabilities to have the same access to public facilities and transportation as everyone else, thereby giving these people a life that is relatively normal and full of potential. Granted, people with disabilities are still statistically more unemployed than their regularly functioning counterparts, and public transportation and facilities are still not completely handicap accessible, but progress has been made. People with disabilities have countless more opportunities today than they did before 1990, and the increase in national organizations that are fighting for the rights of people with disabilities is a promising sign that the importance of ADA will not fade as time passes.

برچسب‌ها: How The American Disability Act (ADA) has protected the disabled workers?,
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8 Things You Need To Know About Disability Discrimination

8 Things You Need To Know About Disability Discrimination
1- At the Federal and State level, discrimination against employees with disabilities is prohibited by law. Under the Federal law, the Americans with Disability Act (ADA) prohibits discriminatory actions taken by employers against their employees. The same applies at the State level in California and is regulated by the Fair Employment and Housing Act (FEHA). Amongst other recognized protected classes and or characteristics, employees with physical or mental disabilities have rights that protect them from being discriminated against based on their disability. Employees with disabilities in California have many rights under FEHA, however it is a matter of knowing your rights as a disabled employee in order to know you have a claim against your employer or organization who has violated those rights. Call a Disability Discrimination Lawyer to discuss this further.
2- An employee may have a disability discrimination case if they can show that they had a recognized disability, they possessed the skills and qualifications for the position they occupied at the time or applied for, they were subjected to adverse treatment in the workplace, and the reason for this treatment was based on their recognized disability. A Disability Discrimination Lawyer in your area is the professional to contact in this kind of situation,
3- Recognized mental disabilities under FEHA may include mental or psychological disorders such as learning disabilities, associated deficits and disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. A recognized physical disability under FEHA may include any physical impairment by a physiological disease, disorder, condition, cosmetic disfigurement, or any loss of control of the body. Physical impairments must affect the employee's body system as well as limit major life activity. Consider speaking to a Disability Discrimination Lawyer for more assistance.
4- The burden of proof is on the plaintiff, in this case, the employee, to prove that he or she has been discriminated against by the employer. In order to prove an employee has been discriminated against, the employee must prove that there was a causal connection between their disability and their termination, constructive termination or resignation from their position. This causal connection would demonstrate that the employee was terminated based on their disability. For example, an employee with a recognized learning disability is asked to sit for an exam for training purposes. This employee's particular disability required that he have a person read the exam directions and questions aloud to him. When the employee sent a formal request for this accommodation, the employer said they had to let him go because "this company didn't need the dead weight of someone who couldn't handle taking an exam without having someone read the instructions for them". Here, the employer's actions and words may be characterized as discriminatory because the employee's request for accommodation triggered the employer's decision to terminate his employment (Hoffman v. Caterpillar, Inc., 368 F. 3d 709, 2004 U.S. App.) Therefore, there is a direct causal link between the employee's disability and the decision to terminate. In this scenario the employee would be able to draw this link and have a potential action against the employer for disability discrimination under FEHA. For a clearer understanding of this contact a Disability Discrimination Lawyer.
5- If the case was to go to trial, the employee in this scenario would have to show that their disability was the substantial and driving force behind the termination.(Horsford v. Board of Trustees of Calif. State Univ. (2005)) Referring back to the employee with the learning disability, let's say prior to the employee's request for accommodation he had been caught stealing products from his job-site. Based on those facts the employer may argue that the reason for firing the employee was based on the theft. Therefore, the employee may not be able to prove that his disability was the substantial cause of his termination. Asking a Disability Discrimination Lawyer is the best way to pursue a disability discrimination case.
6- As mentioned previously, an employer's choice of words can be calculated to being discriminatory and contribute to the evidence that the employee was wrongfully terminated. An employer may choose to verbalize, or write words or make remarks that may be discriminatory. This could occur anywhere from being said in an email or in passing in the break room. In some circumstances the remark could be characterized as discriminatory even if the remark was not directed at the employee with a disability (Metoyer v. Chassman (9th 2007)) For example, referring the employee with the learning disability, prior to his termination his employer may have made jokes at the company Christmas party to other employees about "how lazy people with disabilities are". Here, even though this comment was made to another employee, the employee with the disability may present this as evidence that their disability was the ultimate cause of his termination. However, keep in mind that it bolsters an employee's claim if the remarks made by the employer were related to the ultimate decision to terminate the employee otherwise they may be considered "stray remarks" (Waterhouse v. Hopkins (1989)). In California, "stray remarks", which may be discriminatory remarks made outside of the decision-process to terminate an employee, are still taken into account and considered part of all evidence as a whole (Reid v. Google, Inc. (2010)). With the assistance of a Disability Discrimination Lawyer, an employee can make claim against their former employer.
7- An employee may strengthen their claim if they can prove that their employer did not implement the reasonable accommodation. Depending on the circumstances and the particular disability, in general, an employer would need to reasonably accommodate an employee through modifications and adjustments, facilitate processes that would enable the employee to carry out essential job functions, and provide paid or unpaid leave to the employee while they receive treatment for their disability. Some ways that an employer could accommodate the disabled employee would be by allowing the employee to switch to a part-time position, allow flexibility in scheduling, adjust facilities within the workplace to be accessible to the employee based on the employee's disability needs, provide extra training to ensure the employee receives an equal opportunity in comparison to all other employees, allow the employee to have support or guide dog accompany them at work,
8- Above all, it is imperative that the employer maintains open communication with the employee in relation to any changes in their needs as a disabled employee, also known as an "interactive process". It is the organization or employer's responsibility to ensure that all supervisors who oversee the disabled employee are aware of any accommodations that need to be provided to the employee. For further guidance on the matter, call a Disability Discrimination Lawyer.

برچسب‌ها: 8 Things You Need To Know About Disability Discrimination,
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How to Deal With Sexual Harassment Outside of The Workplace

How to deal with sexual harassment outside of the workplace
How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) that an employer owes a duty to their employees to prevent harassment within the workplace. But what if an employee is sexually harassed off-site yet within a work capacity? This may be a situation where an employee is not at work but he or she is carrying out tasks or participating in functions that are work-related. More importantly, are employees the only individuals who are covered by the law in this area? What about applicants? In a heavily populated State such as California, the job market can be fierce and highly competitive, making it difficult for job-seekers to get their foot in the door. As a result, these applicants seeking jobs are vulnerable to illegal hiring processes which promote discrimination and sexual harassment. In these situations, employers are liable for the acts of their own employees who posses hiring power and abuse this power. When issues such as these arise, reaching out to a local Sexual Harassment Attorney is the best way to find out if further legal action should be taken.
An employer or organization is responsible for and held accountable for the acts of their employees whom they have delegated hiring power to within the workplace. The Court in the case Doe v Capitol Cities, 50, Cal. App. 4th 1038 had to address this issue of just how far an employer's liability extends in these "off-site" situations. In that case, the plaintiff was an actor who was applying, or rather auditioning for a role which took place on a Sunday at the casting director's home. During this encounter, the plaintiff alleged that he was drugged and gang raped by the casting director as well as four other men. The plaintiff brought an action against the employer of the company, inter alia, for violating the California Government Code § 12940 (h). Under that regulation, it is illegal for an employer or organization to retaliate against an applicant or employee because the applicant or employee made a complaint against the employer or organization for unlawful practices. The action was brought against the employer who oversaw the casting director because it was ultimately the employer's responsibility to ensure that the workplace was harassment-free. In this case, the Court of Appeal decided that the plaintiff did have a case if he could provide evidence that his allegations were true, then as a result, strict liability would be placed upon the employer. This meant that the plaintiff in this case only had to prove that the acts actually took place and that the employer was responsible for the casting director's acts, and it did not matter what the employer knew or was supposed to have known about the casting director's tendencies. Today, if an employee was in a similar situation when attempting to apply for a position and was subjected to such treatment, they should reach out to a Sexual Harassment Attorney to discuss their case.
But how could the employer be held liable for what happened at the casting director's home and on a Sunday? The Court reviewed the facts and evidence of the case and was able to conclude that the casting director was acting within his capacity as an employee because he was locating, discovering, training, and acquiring actors, just as he did to the plaintiff. Therefore, even though the incident did not occur at the actual work-site, nevertheless the casting director was acting as an agent for his boss. Importantly, the Court did take into account that the incident took place off-site, and it also occurred outside of work hours. However, the Court found that because the casting director's acts were so closely related to his position of employment that it did not absolve the employer of responsibility. Lastly, it is significant to take note that the plaintiff, in this case, was not an actual employee of the company when the incident took place. The court also took this into account that the plaintiff was not an applicant yet decided that this did not matter and the employer of the company remained liable for the casting director's behavior. This was because the plaintiff was in pursuit of employment which placed both the plaintiff and the casting director in a work-related context.
Here in California, under the Fair Employment and Housing Act, an employer's liability for sexual harassment extends to managers, supervisors, and controllers who foster a hostile work environment. Per Title VII, a manager is seen as acting for the employer when generating this hostile work environment, therefore the employer can be held vicariously liable. Under the California Government Code § 12926(t) and the Fair Employment and Housing Act, the definition of "supervisor" is much broader and considers this title to be anyone who has hiring power, a power to transfer an employee, fire an employee, demote an employee, or even a power to reward an employee.
Liability at the federal level is slightly different. In a particular federal case, an employee was a lifeguard and employed by the city. She brought a suit against her employer because she felt that she was being subjected to a sexually charged as well as hostile work environment which was created by her supervisors. The environment at issue was considered hostile because the supervisors were causing the particular employee and other employees to experience unwanted touching. Here the employee made a claim under Title VII of the Civil Rights Act 1964, 42 U.S.C.S. § 2000e et seq for these acts and the environment imposed on her as an employee. The Court, in this case, found that the employee who brought the action had a claim against her employer by extending the employer's liability to cover the supervisor's acts Faragher v City of Boca Raton (1998) 524 US 775, 807, 118 S. Ct. 2275, 2292-2293. A Sexual Harassment Attorney would be able to evaluate an employee's case for free if they have a similar problem at work and may be able to file suit against the company.

برچسب‌ها: How to Deal With Sexual Harassment Outside of The Workplace,
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What’s Happening With Sexual Orientation Discrimination In The Workplace?

What’s Happening With Sexual Orientation Discrimination In The Workplace?
What's Happening With Sexual Orientation Discrimination In The Workplace?
An Employment Lawyer is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is sexual orientation harassment? What is discrimination against a person's sexual orientation? In order to understand the answers to these questions, it may make more sense to start with the laws that surround these topics and to know who is protected by these laws.
What is discrimination and harassment?
What exactly does it mean to be discriminated against in the workplace? To discriminate is to notice an individual's differences from others and to treat that individual differently from others in a negative way because of that individual's differences. There are employment laws in place that regulate discriminatory practices within the workplace and deem them as unlawful.
Not all forms of discrimination are unlawful in the workplace. For example, it may seem unfair but employees who are over a certain weight may not be a class of individuals who are protected under the law. For instance, if an employee is overweight and is picked on and treated adversely compared to other employees based on being overweight, while It is unkind it may not be considered as unlawful. Employment laws only recognize certain classes of individuals and particular characteristics as being protected. Examples of classes and characteristics that are recognized by the law are an employee's creed, religion, marital status, gender, age, military status, ethnicity, disability, medical condition, veteran status, and sexual orientation. If an employee is singled out and treated negatively based on belonging to one of the recognized classes or an employee is treated poorly based on possessing an acknowledged characteristic, then that may be considered as an unlawful treatment.
Where an employee is treated differently compared to other employees in a negative way and it is because that employee falls under a protected class or bears a recognized characteristic, that employee may have a case against their employer for discrimination. An employer or organization may be held liable for discrimination if the employee can show he or she was singled out based on a protected class or characteristic. It is essential to note that belonging to a protected class or bearing a guarded characteristic does not mean that an employee is automatically granted a right to sue for discrimination and/or wrongful termination. This means that if the unfair treatment is not based on the employee being a member of a protected class or bearing a protected characteristic then it not considered discrimination. For example, George was a 50-year-old man at an online store's warehouse. The law does recognize age as a protected class for employees who are 40 years of age and older. Recently George was fired for being late several times and was caught falsifying his time sheets. In this scenario, although George may qualify as being a person belonging to a protected class, which in this case would be age, he may not be able to prove he was a victim of age discrimination. In George's case, his employer may be able to claim that he was fired because of George's tardiness and fraudulent acts. The adverse treatment needs to be based on the employee belonging to a protected class or bearing a protected characteristic whereas here, George was not exactly Employee of the Month material. George's termination would need to show that it was based on his age. So if George had been told by his boss "hey, you're getting too old for this job" and then thereafter he was terminated, that may be considered as age discrimination.
Discrimination in its application is handled by an Employment Lawyer who represents employees against their employers. In order to even know if you or someone you know has been discriminated against, you should contact an Employment Lawyer in your area.
Harassment in the workplace can come in the form of teasing, name-calling, talking down to an employee, mocking, berating, or bullying. Another form of harassment may be delivered through photos, videos, memes, cartoons, emails, texts, and physical gestures. All of these forms of harassment are categorized as unlawful once the harassment is motivated by the singling out of a protected class. More specifically, if the harassment is based on an employee's sexual orientation, that may be considered as unlawful.
Discrimination and harassment against sexual orientation
Discrimination and/or harassment against an employee's sexual orientation is considered as unlawful behavior because sexual orientation is considered protected by certain employment laws. Sexual orientation refers to an individual's sexual or romantic preference such as homosexuality, heterosexuality, and bisexuality. If an employee is singled out, treated adversely, or treated less favorable compared to all other employees because of his or her sexual orientation, then that may be discrimination or harassment. An employee who is being discriminated against based on his or her sexual orientation may experience being denied employee benefits, being passed over for promotion, reduced pay, reduced hours, or termination. An applicant may also be subjected to unlawful hiring practices which also prohibited by the employment laws.
The laws in employment law hold employers accountable for discrimination even for perceived sexual orientation harassment and/or discrimination. In other words, an employee who is assumed by their employer or fellow coworkers as being homosexual and is not, yet is teased and harassed based on that assumption, may still be held liable for harassment and/or discrimination.
An Employment Lawyer who has handled cases in the past in sexual orientation discrimination and harassment may know the best way to represent an employee who is in a current discrimination or harassment situation at work.
An employee should not have to endure harassment or discrimination if it is based on a protected class or characteristic, especially if the harassment and/or discrimination is based on an employee's sexual orientation. Employees have the right to feel safe in their work environment and employers are responsible for enforcing an anti-discrimination policy at the workplace. The current employment laws are in place to provide protection for employees and they will be enforced if an Employment Lawyer is hired by an employee who is being victimized at work.

برچسب‌ها: What’s Happening With Sexual Orientation Discrimination In The Workplace?,
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