Orange County Employee Disability Discrimination

Posted by Sessions & Kimball |

Is there a real problem with Orange County employee disability discrimination in today’s business environment? This post considers the definitions of and current news regarding employee disability discrimination.

According to the American Psychological Association, Discrimination is the unfair treatment of people based on characteristics such as gender, sexual orientation, disability status, or race.

Employee Disability discrimination

Discrimination against people with disabilities in favor of people who are not is called ableism or disablism. Disability discrimination, which treats non-disabled individuals as the standard of ‘normal living’, results in public and private places and services, education, and social work that are built to serve ‘standard’ people, thereby excluding those with various disabilities.

In the United States, the Americans with Disabilities Act mandates the provision of equality of access to both buildings and services and is paralleled by similar acts in other countries, such as the Equality Act 2010 in the UK.

Discriminatory laws such as redlining exist in many countries. In some places, controversial attempts such as racial quotas have been used to redress the negative effects of discrimination, but in turn, have sometimes been called reverse discrimination themselves.

Employment discrimination

Employment discrimination refers to disabling certain people to apply and receive jobs based on their race, age, gender, religion, height, weight, nationality, disability, sexual orientation or gender identity. In relationship to sociology, employment discrimination usually relates to what events are happening in society at the time. For example, it would have seemed ludicrous to hire an African American male and absolutely unheard of to hire an African American woman over 50 years ago. However, in our society today, it is the absolute norm to hire any qualified person.

Many laws prohibit employment discrimination. If a person uses discriminatory hiring practices, they can be sued for hate crimes. However, some minority groups (notably LGBT people) remain unprotected by U.S. federal law from employment discrimination. Current evidence exists of the effort to stop sexual harassment in Orange County.

Orange County Employee Disability Discrimination News

  • Now that laws are being enacted around the country that makes obese employees a protected class, it is important to understand whether the laws in place in your jurisdiction serve to limit or even prohibit you from using weight as a basis for your employment decisions. The hospital’s hiring policy states…
  • The Federal Circuits currently are split on the issue of whether the ADA requires reassignment of disabled employees to vacant positions when a more qualified candidate exists, with the 10th Circuit and the District of Columbia Circuit holding that the ADA creates preferential treatment for disabled candidates, and the 7th and…
  • The Seventh and Eighth Circuits, however, have found that an employer satisfies its duty to provide a reasonable accommodation by giving an employee with a disability the opportunity to apply for the vacancy, but the employer does not have to award the position if the employee is not the most qualified…
  • In light of Brown’s unchanged diagnosis (colon cancer, bronchitis, and fatigue), frequent absences, and failure to return by the date specified in the first note, the court held that Brown’s return date was uncertain, and the employer had no obligation to provide him additional leave. In Valdez, for example, the court…


USPS Mail Handler Claims That He Was Fired for His Disability

After he and his employers reached an agreement for his return, he failed to comply with the terms and was fired. Was it discrimination? The former employee worked as a part-time mail handler for the USPS in Milwaukee, WI.

Disability Discrimination Law for Employees

Disability Discrimination Law for Employees: some key aspects explained by specialist employment lawyer Geoff Bignell of Just Employment solicitors.