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    What Constitutes Disability Discrimination?

    Last updated 4 months ago

    Anytime an employer or business entity covered by the Americans with Disabilities Act treats a qualified person with a disability unfavorable because of that disability, he or she is committing disability discrimination. An employer also commits disability discrimination by treating a job applicant or employee differently because he or she has a history of disability. Unless it would create an undue hardship to the business, an employer is also required to provide reasonable accommodations to a job applicant or employee with a disability.

    Under the Americans with Disabilities Act, employers are also prohibited from discriminating against someone because he or she has a relationship with someone with a disability. For example, an employer can’t treat an employee unfavorably because her husband has a disability. In addition, the law bans disability discrimination in any aspect of the working environment, including hiring, firing, job assignments, and promotions.

    The San Jose employment law team at the Advocacy Center For Employment Law is dedicated to providing the highest level of service in a respectful, confidential environment. For more information, give us a call at (408) 600-1972.

    Laws Enforced by the Equal Employment Opportunity Commission

    Last updated 4 months ago

    The U.S. Equal Employment Opportunity Commission is the government agency responsible for ensuring that employers comply with federal laws against discrimination. The EEOC laws cover most employers with 15 or more employees, 20 employees in cases involving age discrimination. The EEOC enforces a variety laws that apply to different types of work situations, including hiring, firing, wages, and benefits.

    Civil Rights Act of 1964 (Title VII)
    Title VII of the Civil Rights Act prohibits employees from discriminating against employees or potential employees on the basis of race, color religion, national origin, or sex. It is also illegal for an employer to retaliate against someone who has complained of workplace discrimination or filed a discrimination lawsuit. The Civil Rights Act also requires employers to accommodate employee’s religious practices, unless this accommodation would create an undue hardship on the business.

    Equal Pay Act of 1963
    Under the Equal Pay Act of 1963, employers are prohibited to pay different wages to men and women, if they are performing equal work in the same business. In addition, the Equal Pay Act prohibits employer retaliation if someone complains about wage discrimination, files a charge of discrimination, or participates in an employment discrimination investigation or lawsuit.

    Title I of the Americans with Disabilities Act of 1990
    Title I of the Americans with Disabilities Act of 1990 prohibits discrimination against a qualified person with a disability, in either the private sector or in the state and local government. The Americans with Disabilities Act also requires employers to provide reasonable accommodations to employees with known physical or mental limitations, unless doing so would create an undue hardship for the business. Like other employment protection laws, the Americans with Disabilities Act also prohibit employer retaliation.

    If you feel that your employer has violated a federal employment law, contact the Advocacy Center For Employment Law at (408) 600-1972. Led by founding partner Steven Pail Cohn, our San Jose employment lawyers specialize in harassment and discrimination cases. In addition, Mr. Cohn has been named as one of the top labor and employment attorneys in the area.

    How Sexual Harassment Can Affect Your Job

    Last updated 5 months ago

    Workplace sexual harassment harms both the person experiencing the harassment as well as the coworkers who witness the harassment second hand. In some cases, the sexual harassment becomes so severe that the victim quits, which further demoralizes the work environment. If the employee decides to stay despite being a victim of sexual harassment, it can lead to other professional consequences.

    Loss of job
    Sometimes, a victim of sexual harassment faces termination simply for refusing to reciprocate the sexual advances. In these cases, the company or manager will usually cite a different pretext for the firing, but the employee is aware of the actual reasons for termination. Even if the victim hasn’t been fired, he or she typically faces the constant fear of termination for not responding to a coworker or supervisor’s sexual advances.

    Loss of wages
    Resisting sexual advances or complaining about offensive humor in the office may cause an employee to lose a promotion, face demotion, or suffer a variety of economic losses. In addition, being the victim of sexual harassment may jeopardize his or her relationship with the company, which could limit future pay increases and promotional opportunities. If the victim faces a demotion, it will likely negatively impact his or her pension contributions, medical benefits, overtime pay, and bonuses.

    Personal injuries
    Sexual harassment doesn’t just cause financial problems for the victim; it can also lead to stress-related illness and emotional problems. Being the victim of a supervisor’s unwanted advances can cause someone to develop emotional or mental injuries, such as depression and anxiety. The additional fear of job loss can also create an emotional strain. Cases involving hostile work environment sexual harassment can lead to physical personal injuries, as the victim may be subjected to physical pranks or violent acts.   

    Founded by Steven Pail Cohn in 1994, The Advocacy Center For Employment Law specializes in labor and employment issues throughout San Jose. Our lawyers offer the highest level of representation in a comfortable, professional environment. To schedule a meeting with a sexual harassment lawyer, please call (408) 600-1972.

    A Look at the Sexual Harassment Charges Against the San Diego Mayor

    Last updated 5 months ago

    Last summer, the former spokesperson for Mayor Bob Filner of San Diego brought claims of sexual harassment against the Mayor. A few days later, a former campaign staffer accused the Mayor of sexual harassment from when he was a Congressman. Both women claim he made inappropriate sexual remarks and physical contact with them.

    After repeated advances from the San Diego mayor, his spokesperson made the choice to resign and go public with her accusations. Mayor Filner’s former campaign staffer previously wrote a complaint to the Mayor as well as his chief of staff, demanding that no other woman be subjected to similar sexual harassment. In this video clip, both women detail the specific allegations of sexual harassment in their complaints.   

    The Advocacy Center For Employment Law specializes in sexual harassment and discrimination cases. Call (408) 600-1972 to speak with a San Jose sexual harassment attorney. 

    What You Need to Know about the Americans with Disabilities Act

    Last updated 5 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.

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