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Archive for the ‘Discrimination Issues’ Category

Employer Responsibilities Under the ADA

Friday, November 14th, 2008

The goal of the Americans with Disabilities Act is not to give individuals with disabilities an unfair advantage; it is to provide equal access and opportunities. Employers do not have to hire someone with a disability over a more qualified person. Employers do need to make sure that those with disabilities have an equal opportunity to apply for and work in jobs for which they are qualified; have equal access to the privileges and benefits offered to other employers (such as health insurance and training); are not harassed because of a disability; and have equal opportunities for promotion.

An Overview of the ADA (Americans with Disabilities Act) and Your Business

Wednesday, November 5th, 2008

The ADA is a federal civil rights law that was designed to prevent discrimination of individuals with disabilities and to assist them to integrate into mainstream society. The enforcement of laws under ADA is handled by the EEOC (Equal Employment Opportunity Commission). The ADA applies to all businesses with 15 or more employees, and protects every person who has a mental or physical impairment that substantially limits one or more major life activities (like sitting, standing, or sleeping), who has a record (perhaps in the past) of a substantially limiting impairment, and who is regarded or treated by an employer as if they have that impairment (as in fear of hiring someone in remission from cancer due to fear of reoccurrence). The ADA only protects a person who is otherwise qualified for the job, and does not require the employer to hire a person with a disability over a more-qualified person.

Take Care with Criminal Background Checks

Wednesday, October 1st, 2008

A comprehensive criminal background check is an important tool for many employers. It is important to be sure that the check is performed within the law, but it is equally important to be sure that the information received is properly used in the workplace. An employer could be open to claims of discrimination if they have a blanket policy against hiring any applicant that has had a criminal conviction. An employer is also at risk for discrimination claims unless they can prove a business necessity for a clean criminal record, or can prove that requiring a clean criminal record has no adverse impact on any group protected by anti-discrimination laws.

What is the EEOC?

Tuesday, September 30th, 2008

The EEOC (or U.S. Equal Employment Opportunity Commission) enforces most of the federal laws which prohibit job discrimination. It is the job of the EEOC to enforce laws prohibiting employment discrimination based on age, disability, race, color, religion, sex or national origin, as well as making sure that men and women receive equal pay for equal work. EEOC also oversees and coordinates the practices and policies regarding federal equal employment opportunities.