Advice From Employment Discrimination Attorneys

By Jordan Schmidt


Everyone wants the chance to work without being held back by negative perceptions from other people. Discrimination may keep a person out of a job who is otherwise qualified and capable of doing it well. If you experience this type of situation, you may need to consult employment discrimination attorneys in San Bernardino, CA.

Employment discrimination is any type of discrimination directed towards another person based on their race, age, gender or religion. It may also be directed toward an individual because of a physical or mental disability which they have. Sometimes it can be difficult to tell whether you are being discriminated against by your employer, because it can often be very covert. You need to understand what this type of behavior consists of, and if you have doubts, speak to an attorney or other advocate.

Disability prejudice may also occur when an employer overlooks an applicant or employee because they have a history of being disabled, either through accident or illness. It is required by law that businesses provide such employees with reasonable accommodation, unless providing it would cause undue hardship for the company. This means that making the changes would be difficult or expensive, such as building an accessible wing to a building.

The law defines a reasonable accommodation as any changes in the work environment that would help the person with a disability to work there. So there should be protocols in place assisting them in applying for jobs, performing the duties of the job, and enjoying any benefits that the company offers.

Once a job is offered, the law does allow a company to extend certain conditions in the job offer, like requiring a person to answer various medical questions or take a medical exam. However, this can only be done if every new employee is subject to the same questions and exams.

It is against the law to harass someone at work. This includes making offensive remarks about their age, religion or any other personal traits. There is no law against teasing a person or making offhand comments; however, these incidents should be considered very carefully, as it is not always easy to tell from the outset when a person will take real offence over something.

Harassment is against the law when it is very frequent and severe. In such cases, it creates a hostile working environment and often results in bad employment decisions. The person who is doing the harassing may be a co-worker or the supervisor of the victim. It may even come from a client or customer of the company.

It is also important to note that an employment policy that applies to everyone may be illegal if it has an adverse impact on certain applicants or employees; for instance, those who are older than forty, are a particularly minority or have certain religious or political affiliations.




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