Religion may play a significant role in your life. You may use your beliefs to guide you through everyday situations and the decisions you must make. Additionally, your religious practices may involve your needing to wear certain attire or participate in certain activities, such as prayer, during specific times of the day. If your religious views differ from many of the individuals around you, you may sometimes fear how those other parties will treat you.
As noted in an earlier post, the Supreme Court of the United States will likely be asked to review whether or not Title VII (also known as the Civil Rights Act) provides protection against workplace discrimination based on sexual orientation at the federal level. The fact that these protections are not always a given may cause some concern within the workplace. It is important to note that this single law is not the only form of protection available to workers. Additional protections, especially in California, are available.
In 2015, the Supreme Court of the United States (SCOTUS) found bans on same-sex marriage at the state level unconstitutional. Our country's highest court stated that the Fourteenth Amendment requires states both allow and recognize same-sex marriages. These same justices that two years earlier struck down the federal Defense of Marriage Act held that states must recognize same-sex marriages. But what does this mean in the real world? What does this mean for couples that can now openly marry the ones they love? Although their marriages are recognized, will they be protected from retaliation by employers?
It is one thing to recognize and take action against disability discrimination in the workplace when you are actually in the workplace, but it is something else entirely when you are hoping to get into the workplace. Thanks to the federal Americans with Disabilities Act, it is illegal for employers to refuse to hire someone simply based on a disability. Unfortunately, people are refused employment all the time for many valid reasons, such as being less qualified than other candidates; it can be difficult to prove that you were not hired due to a disability.
It is common knowledge that employers must make reasonable accommodation for disabled individuals so that the disabled workers can still perform the functions of their job. Unfortunately, reasonable accommodation is a rather vague term, and what exactly constitutes reasonable accommodation may differ among employers. Disability discrimination is illegal thanks to both the federal Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act. However, if your employer believes that your accommodation needs are unreasonable, it can be difficult to prove that you are being discriminated against.
People with disabilities are often required to lead fundamentally different lives from those without disabilities. These differences manifest themselves in more ways than just inability to use stairs or hear when someone is calling their name. Depending on the disability, people must cope in different ways, and a lawsuit filed one year ago against Kaiser Permanente has recently served as a reminder of why employers must accommodate such disabilities. The lawsuit was filed after the company's San Diego, California facility fired a worker rather than giving said worker the reasonable accommodation he requested.
Many people know about the protections afforded to disabled employees by acts such as the ADA and the FEHA. What may be less common knowledge is just how many conditions are viewed as disabilities and are thus protected by the acts. You might think of a disabled employee as someone who is in a wheelchair, or someone who suffers from a mental disorder, but according to a recent case, physical conditions such as Type II Diabetes are protected as well. This lesson is costing Walgreens almost $200,000.
Recent years have seen massive gains toward equality for all people, including those with disabilities. Acts such as the ADA and FEHA have raised awareness of the difficulties that disabled people face in the workplace, and they hold employers accountable for being negligent or disrespectful of those difficulties. Still, as much as progress has been made to lessen disability discrimination in the workplace, recent data indicates that there is still work to be done.
Having a disability does not give a person any less right to work than anyone else. Unfortunately, some disabled individuals struggle to find jobs, not because they are not suited to the positions, but because some companies are hesitant to hire people with a disability. In California, a disabled employee benefits from the Fair Employment and Housing Act as well as the Americans with Disabilities Act. Nevertheless, discrimination has not been eliminated.
There are a number of legal statutes in place to assist those living with disabilities. However, they are not always observed to acceptable standards. When these failures occur, disabled individuals can find justice and often receive compensation for another’s failure to comply with the Americans with Disabilities Act or Fair Employment and Housing Act regulations.