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2015/07/01

Helpful Tips On 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.

There are many segments of the population who experience discrimination, including older workers and minorities. Those with a disability may also be affected. Disability prejudice occurs when an employer treats a qualified person unfavorably simply because he or she has a disability. The criteria for this are covered by the Americans with Disabilities Act.

Ageism is when an employer treats someone less favorably because of his or her age. This applies to both applicants for a job or existing employees at a company. It is important to note that the Age Discrimination in Employment Act only prohibits this against anyone who is forty or older. However, it does not protect a worker that is under forty years old, although many states now have laws in place to protect younger workers from ageism.

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.

If you feel that you are the victim of discrimination, you may want to speak to an attorney who specializes in this area to determine if you have a case or not. Try to keep a record of everything that was said or done by your employer which you felt was unfair. This includes records of conversations and email correspondence. Your attorney will review this information and let you know if your case can proceed. If your case is likely to be successful, your lawyer will advise you what remedies you may receive.




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