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.

The law considers hardship to mean that it would be too difficult or expensive to accommodate the employee. This would depend on the size of the employer and their financial resources. However, the employer cannot refuse to accommodate a worker merely because there is some cost involved, although they are not required to provide the exact accommodations the employee wants.

You should note that it is not illegal for an employer to favor an older worker over a younger worker if both workers are over the age of forty. Ageism can also occur when both the victim and the perpetrator are older than forty.

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.

Once a person has been hired and begins the job, a company can only ask medical questions or require them to take a medical exam if medical documentation is needed to provide accommodation for the employee. An employer may also request this information if they believe that the worker is not able to perform the job adequately or safely. All medical records and information must be kept strictly confidential.

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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