123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Employment Discrimination Law – Protection For Those Who Need It

Profile Picture
By Author: Andrew Mccann
Total Articles: 75
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Employment discrimination law quite simply prohibits discrimination on the basis of a number of things, but in this article we will be talking about disabilities. The major act that covers this area is called the American with Disabilites Act and it clearly defines who is protected by law and what illegal discrimination is.

Employment discrimination law in the disabilites arena isn't easy law to practise, as there are (as with just about every other area of law in this discipline) so many variations on what each supposed definition means. Even just starting with the definition of who is an individual with a disability under employment discrimination law. Supposedly, a person with a disability is one who has a physical/mental impairment that really limits one or more of life's major activities etc. Major life activities are defined as things an average person can do without too much difficulty – walking, breathing, seeing, hearing, working, etc.

Under employment discrimination law you must look to the definition of what a qualified person with a disability is. They must be someone first and ...
... foremost that has the necessary skills, education or job experience and who can perform the work in question. The next component of this requirement is that they can perform the job with or without reasonable accommodation.

What is reasonable accomodation defined as under employment discrimination law? It can include making facilities accessible for people with disabilities, job restructing, a modified work timetable, extra unpaid leave, modifying equipment/devices and/or having qualified readers/interpreters on hand. As an employer complying with employment discrimination law, you are not required to lower production standards to make an accommodation, nor are you expected to provide personal use items (eyeglasses, hearing aids etc.)
Now having discussed accommodation provisions, there is a sort of exemption built into this area for employers. Although they are required to make reasonable accommodations for a qualified candidate, they are not obligated to do that if it would cause undue hardship on the operation of the employer's business.

So in effect, undue hardship means something that causes significant difficulty or exprense when compared to things like the size of the business, their financial status and its operation/structure. This unfortunately seems to have the earmarks of a loophole that could be used by employers to subtly discriminate.

No matter what the reasons you feel you have been discriminated against, it is important to always check the existing statutes and case law prior to making a final decision on whether or not to file a complaint.

More About the Author

I started writing articles since 2001 and have been enjoyed doing it. I was graduated from the University of Cardiff with a bachelor degree in education.

Total Views: 727Word Count: 434See All articles From Author

Add Comment

Legal Articles

1. Iim Bangalore, Iit Madras Release Joint Report On India’s Evolving Startup Incubation Landscape
Author: Dev kumar

2. How Non-canadians Can Enter The Us From Canada
Author: Hardik Shah

3. Cyber Crime Lawyer In Ahmedabad - Advocate Deepak: Leading Expertise In Digital Justice
Author: Advocate Deepak

4. Us Visa Interview Waiver - Know In And Out
Author: Hardik Shah

5. From Suffering To Success: How To Find Your Belmar Slip And Fall Lawyer
Author: blognerdzone

6. Best Cyber Crime Lawyer In Noida – Advocate Deepak
Author: Advocate Deepak

7. Importance Of Business Reforms Action Plan 2024 For Ease Of Doing Business
Author: Dev kumar

8. 2026 Diversity Visa Lottery Opens For 55,000 Green Cards
Author: Berd & Klauss, PLLC

9. Canadian Citizenship Police Certificate: A Detailed Guide
Author: Hardik Shah

10. How Long Do You Have To File An Injury Claim In Dallas County: A Comprehensive Guide
Author: Morgan Scott

11. Essential Advice For Divorce In The Uk: What To Expect From Your Lawyer
Author: Rainer Hughes

12. Bail Lawyer In Cyber Crime Case In Delhi – Advocate Deepak: Your Trusted Legal Partner
Author: Advocate Deepak

13. Chicago Personal Injury Lawyers
Author: Paul M. Marriett

14. The Bruner Law Firm
Author: Vince Bruner

15. Bail Lawyer In Cyber Crime Cases In Noida: Advocate Deepak
Author: Advocate Deepak

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: