Monday, June 29, 2015

Advice From Employment Discrimination Attorneys

Advice From Employment Discrimination Attorneys

By Jordan Schmidt


Discrimination is a serious problem in the workplace, because it sometimes keeps many deserving people out of a job, or subjects them to unfair treatment. Many employment discrimination attorneys in San Bernardino, CA. Work to ensure justice is done in these cases.

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.

There are laws that set limits on the medical questions that employers may ask a job applicant in an interview. There are also limits on requiring applicants to take a medical exam or state certain disabilities they may have. However, an employer can ask applicants if they are able to perform the job and how they intend to perform it, if the person has an obvious disability.

The law forbids discrimination when hiring, paying or firing employees. It is also an offence to discriminate against someone for a promotion or other job benefits. The law also protects a person from prejudice based on their relationship with a person with a disability. So if a person has a spouse with a disability, they cannot be discriminated against. The law also protects the disabled from harassment in the workplace by superiors or co-workers.

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.

The Equal Pay Act mandates that men and women who work in the same company must be given equal pay for their work. The jobs do not have to be identical, since job content and not job title is what determines whether jobs are equal. Equal pay includes salary, bonuses and overtime pay. It also extends to various company benefits such as stock options and vacation time. If there are unequal wages between men and women in a certain company, the employer cannot reduce wages as a method of equalizing pay.

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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