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    What You Need to Know about the Americans with Disabilities Act

    Last updated 2 months ago

    The Americans with Disabilities Act (ADA) of 1990 is a civil rights law with broad implications. It prohibits employers and similar entities from discriminating against an individual on the basis of his or her disability. If you feel you may have suffered workplace discrimination, such as wrongful termination or unfair hiring practices, contact a discrimination lawyer and keep reading to learn more about this important legislation.

    Who It Covers
    The ADA covers private employers with 15 or more employees, employment agencies, and labor unions. It also covers federal sector employees, and state and local government agencies. The law prohibits these organizations from unfairly hiring, firing, compensating, promoting, or training an otherwise qualified individual on the basis of his or her disability.

    How Disability is Defined
    This anti-discrimination law defines a person as having a disability if that individual has a physical or mental impairment. That impairment must significantly and adversely affect at least one major life activity. Furthermore, an individual is defined as having a disability if he or she has a record of the impairment or is regarded as having the impairment. However, it’s important to note that the ADA does not automatically cover all individuals with any type of disability. Rather, an individual is afforded equal access to employment when he or she can perform the job either with or without reasonable accommodation.

    What It Covers
    Supposing that providing reasonable accommodations will not impose undue hardship on the employer, that employer is legally required to make these modifications. Reasonable accommodations may include modifying training materials, policies, and work schedules, and ensuring that all facilities are accessible. For example, a discrimination lawyer may file a lawsuit against an employer who refuses to amend work schedules to accommodate a diabetic employee’s need to monitor his or her insulin levels.

    The Advocacy Center For Employment Law has extensive experience in litigating discrimination cases. Our law firm in San Jose specializes in employment law and will fight to secure compensatory damages on your behalf. Call (408) 600-1972 to set up an appointment with a discrimination lawyer today.

    A Look at the Class Action Employment Discrimination Suit Against Wal-Mart

    Last updated 2 months ago

    Gender bias in the workplace is a common reason why people turn to discrimination lawyers for help, and it’s also the reason behind the largest class action lawsuit in U.S. history. The lawsuit was filed by six plaintiffs on behalf of all women working at Wal-Mart. The claimants allege that women who work at Wal-Mart are routinely passed over for promotions, despite being qualified.

    Watch this video to learn more about this massive class action lawsuit, including the potential jury award, which may number in the billions. You’ll hear from one of the plaintiffs and her lawyer, who points out that although women comprise two-thirds of employees at Wal-Mart, they hold just one-third of management positions.

    If you feel you’ve been passed over for a promotion because of gender bias, contact the Advocacy Center For Employment Law in San Jose. Call (408) 600-1972 to schedule a case review with a discrimination lawyer.

    A Look at the Pregnancy Discrimination Act of 1978

    Last updated 2 months ago

    The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act of 1964. It added an important subsection to section 701, which states that women shall not be discriminated against on the basis of gender because of pregnancy or childbirth, nor any associated medical conditions. Furthermore, the act makes it illegal for employers to exclude women from receiving fringe benefits. Although the act does not require employers to provide health insurance to cover abortions, exceptions are made in the case of pregnancies that are life-threatening to the mother and in cases of medical complications as a result of an abortion.

    If you feel that you may have been discriminated against because of pregnancy or childbirth, a sexual harassment lawyer can review your case to determine if the law applies. For example, your employer is legally required to hold your job in the event of a pregnancy-related absence. The job must be held for the same time period as it would be for sick or disability leave.

    The Advocacy Center For Employment Law specializes in civil rights claims and employment law, such as cases of wrongful termination and sexual harassment. San Jose-area residents are encouraged to call us at (408) 600-1972 or explore our services on our website.

    Steps You Can Take to Help Prevent Workplace Sexual Harassment

    Last updated 3 months ago

    Employers are legally required to establish a workplace free of sexual harassment under Title VII of the Civil Rights Act. Your employees should never have to cope with demoralizing and unwanted advances or other forms of sexual harassment. Not only are they illegal, but they’re also counterproductive and could form the basis of lawsuits against your company. Prevention is always the best policy. However, it’s important to determine in advance how you will respond to instances of possible sexual harassment.

    Establish a Written Policy
    All companies should have an anti-harassment policy clearly stated in the employee handbook. Since the law may be difficult to understand, it’s in your company’s best interests to work with a sexual harassment lawyer in developing your anti-harassment policy. A lawyer can help you define the many forms of sexual harassment, establish a procedure for lodging complaints, and determine how an investigation will proceed. Your policy should also state that sexual harassment will never be tolerated in the workplace, that it will be met with strong discipline, and that retaliation against complainants will not be tolerated.

    Launch Employee Training Initiatives
    Hold employee training sessions on a regular basis and ensure new employees are up to speed on your company’s policies. Your training sessions should thoroughly review the written policy and explain the many manifestations of sexual harassment. During your training sessions, discuss how employees can file a complaint and explain how complaints will be investigated.

    Conduct Managerial Training Sessions
    Supervisors and other managers should attend regular managerial training sessions that cover the many facets of sexual harassment law. Managers should be educated as to how they must handle complaints. This will help to protect your company and your employees.

    The Advocacy Center For Employment Law can work with your company to establish sound training initiatives and anti-harassment policies. We offer expertise in sexual harassment claims, with a solid track record of claims resolution. To learn more about the benefits of working with a sexual harassment lawyer, contact our San Jose law firm at (408) 600-1972.

    U.S. Senate Passes New Employment Non-Discrimination Act

    Last updated 3 months ago

    Discrimination occurs when someone is treated differently or less favorably in the workplace. The Equal Employment Opportunity Commission specifically protects against discrimination because of an employee’s race, color, religion, sex, national origin, pregnancy, or disability. However, the EEOC doesn’t currently protect against discrimination based on someone’s sexual orientation. 

    Earlier this year, the Senate passed the Employment Non-Discrimination Act, which prohibits discrimination against gay, bi-sexual, and transgender workers. As this news report explains, the legislation passed with a large margin, however it may still face opposition in the House. This is the first time in history that the Senate has passed ENDA, making it a historic piece of employment legislation.

    To learn more about significant employment legislation, contact the Advocacy Center For Employment Law at (408) 600-1972. Our San Jose discrimination lawyers are dedicated to creating client relationships based on trust and mutual respect.  



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