Appreciating the Contributions of Disabled or Differently-abled Individuals

Image Source: http://blogs.mydevstaging.com/blogs/to-the-max/files/2011/10/handicapped-spot-photo.jpg

Disabled people may have limitations, but that does not make them less of a person. These people may not be able to do certain things, but just like any “normal” person, differently-abled people have special skills that can contribute to a family, a community, or a workplace. The Department of Labor realizes the value of these people that is why this early, the agency has already came up with an annual theme for the National Disability Employment Awareness Month this coming October 2013.

Conception of a Disability Employment Awareness annual celebration
The Congress, back in 1945 has assigned a week in October every year to commemorate a “National Employ the Physically Handicapped Week”. The commemoration of this annual event is a perfect celebration of the DOL’s continuing efforts to promote equality among “normal” and disabled people in the workplace.

This year’s theme for the celebrations
“Because We Are EQUAL to the Task”, this year’s theme has been chosen by the U.S. DOL’s Office of Disability Employment Policy. According to the agency, this theme perfectly echoes the importance of giving education, training, experience to persons with disabilities that help them develop the desire for them to be successful in life despite their limitations.

Benefits of this yearly program
In line with this year’s Disability Employment Awareness month campaign, the ODEP continues their aim to promote positive employment outcome for people with disability. The agency also aims to highlight the idea of that the youth with disabilities are capable of doing, given the encouragement and support for them to reach their dreams. This program goes with the agency’s efforts together with various business and disability organizations, emphasizing the focus on what an individual can do more than their disabilities.

According to a Los Angeles employment lawyer, despite the many efforts of the government and cause-oriented groups, differently-abled people are still suffering from the discrimination and judgment of other individuals because of their disabilities. This Los Angeles attorney believes that programs such as these do not only help promote the rights of disabled people in the workplace, it also helps people understand how one can better treat a disabled person. Moreover, this can perfectly give the much-needed encouragement that people with disabilities need to carry on and continue sharing their talents and skills in the workplace to help move the economy forward.

Read More

Making a Stand Against Age Discrimination

 Image Source: http://b-i.forbesimg.com/nextavenue/files/2013/04/what_it_takes_to_win_an_age_discrimination_dv2173013_0.jpg

People say that wines only get better in time. As wines are aged, their taste and value rises. That could very well be the same for people. However, not everybody sees it that way. Employers somehow think that older workers are slow in adapting to the many changes that the modern times offer. They think that the elders lack the speed and the efficiency that younger employees have. Plus older employees have higher wages, more benefits, and are more likely to miss work because of the many ailments that they might contract along the way.

Because of these things, some employers tend to discriminate against older employees. These acts of age discrimination are punishable by law as stipulated in Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). If you have been a victim of such discrimination, you should immediately report it to the authorities. But how can you report such offenses? Here are some tips.

• Get solid proof. Gather your performance reviews and other records that can prove your performance with your ob. This would help solidify your claim that you are really being discriminated against and that it has something to do with your age.
• Document the acts. Jot down the date, time, as well as other information about the incidences of discrimination were made against you. Determine what kind of discriminative act did your co-employee, supervisor, or company has made against you. This could help bolster your case’s chances of prospering.
• Provide your and the company’s contact info. Also, provide a short description of what happened and how you related are they to age discrimination.
• Report the incident to the Equal Employment Opportunity Commission (EEOC). File the complaint as soon as possible so you won’t have problems with the statues of anti-discrimination laws.
• Wait. The most difficult thing to do, you should wait patiently until your complaint is resolved. You can also follow up on your complaint every now and then. This will keep you updated about what’s going on with your case as it is being processed.

Age discrimination cases, like any case filed in the courts, may take time before it is resolved. That is why your patience will be very critical during these very difficult times. In the end, when you know that you have done everything that you need to stand up against discrimination and fight for your rights, all the pain, hardships and sufferings that you have to endure.

Read More

California Chamber of Commerce’s List of “Job Killer” Bills for 2013

Image Source: http://legalplanet.files.wordpress.com/2011/10/calchamberlogo.jpg

Proposed bills in California that concern the state’s employment and labor undergo extensive hearings and deliberations before they go through a vote among legislators. Once a bill is voted in favor of the majority of a certain committee, it is then passed on to undergo the same process again, until the proposal is sent to the Governor to either sign or veto it.

The pending employment and labor bills this year are aggressively being heard and deliberated among legislators in the state’s Assembly floor and the state’s Senate. While a lot of them support the bills, some others, including business and industrial organizations, think otherwise.

In fact, the California Chamber of Commerce last month released a list of pending bills that would create a negative impact on the job climate and economic recovery of the state once these bills are signed to law by the Governor. These are the so-called “job killers.”

Here is some of the “job killers” mentioned in the list released by the California Chamber of Commerce:

• Assembly Bill 5 and Senate Bill 404. These proposed bills will add homelessness and “familial status” in the protected characteristics under the California Fair Employment and Housing Act (FEHA). According to the Chamber, these proposals, if passed, would make it impossible for employers to manage their employees and that they would be exposed to being litigating due to the expansion of the FEHA.
• AB 10. This bill would increase the California minimum wage from $8.00 to $9.25 by 2016, indexing the minimum wage based on inflation. It is included in the list because it failed to take into account the current economic status of the state, among other concerns. This bill is currently being heard at the Assembly floor after it passed the Assembly Labor and Employment Committee.
• SB 761. This proposed bill would provide family leave as paid protected leave. It is included in the “job killers” list because it is said to create a new burden for small businesses and the possibility of further litigations because of the transformation of the paid family leave program.

Meanwhile, a Los Angeles employment lawyer believes that while these and all other bills are considered “job killers,” there is still room for talks as to these bills, if passed into law, could benefit business groups, as well as employers and employees.

Read More

What You Need to Know About the Tip Laws in California

Image Source: http://lucidfood.com/wp-content/uploads/2012/01/DSC_00493.jpg

Tips, like minimum and overtime wages, are primary sources of income for most workers, especially those who work in restaurants, casinos, and other establishments. Tipped employees are entitled to what they receive from their customers after they provided the latter with excellent customer service. In fact, the state laws protect them from any violations that their employers may commit with regard to the tips they receive.

Sadly, not all employers recognize the existence of the tip laws in California, which is why a lot of complaints are filed against them. Basically, the primary provision dictates that no employer has the right to share the tips their employees receive. However, some employers tend to forget this basic rule, which can be found in Section 351 of the state’s Labor Code.

If you are an employee who regularly receives tips from your paying patrons, then it is best that you exercise your rights once your employer wrongfully collects tips from you and your co-workers. You may file a complaint with the appropriate agency such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), or you may consult a top Los Angeles employment lawyer.

Meanwhile, here are some things you need to know as a tipped employee in California:

• You are entitled to your tips and that you are still paid the minimum and overtime wages. Your employer must still pay you full minimum and overtime wages regardless of how much tips you earn. Your employer violates this provision if your employer credits the tips you receive in order to meet the requirements of the minimum wage.

• Your employer can impose a mandatory tip pooling policy. While this is so, all tips or gratuities left for an employee must be shared among employees who contributed directly to the service of the customer.

• Your manager should not share tips with your co-workers. If you have a manager or any person in-charge of hiring, firing, discipline, and supervise servers without the employer’s consent, then he or she is not required to share tips with you and your co-workers, regardless if he or she assisted in serving customers. If you work on a casino and you have a manager that does not hire, terminate, supervise, or discipline workers, then he or she can join the mandatory tip pooling.

Read More

Knowing the Employment Laws That Protect Employees from Job Layoffs

 Image Source: www.berrymoorman.com

It is not uncommon for companies and other employers to plan and execute job layoffs. Such employment decisions are often made due to economic reasons. There are some companies that have to remove a certain group of employees because they have to such down a certain job location. As it is, being laid off is an emotional event that can leave every affected employee not only without a job, but also having the feeling of being wronged.

Employers in most states are considered “at will.” This means that an employee or a group of employees can quit their jobs at any time. It also means that employers can terminate an employee without cause. But then, despite the “at will” approach, employers are still covered by the employment laws and statutes covering certain issues of discrimination, harassment, and issuing layoffs.

In fact, there are employment laws which protect employees who were laid off from their respective jobs. The state of California has its discrimination laws, so it is important for a former employee to consult with a local lawyer in California, especially one of the experienced Los Angeles employment lawyers.

Layoffs are basically legal, as long as race, sex, disability, religion, pregnancy, or any other protected characteristics is not a motivating factor for executing such employment decision. If you are an employee who was recently laid off, you may either contact one of the best Los Angeles employment lawyers or file a complaint with either the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Meanwhile, here are the employment laws that prohibit discrimination in issuing layoffs:

• Title VII of the Civil Rights Act of 1964. Layoffs based on race, religion, pregnancy or national origin, are prohibited among covered employers.
• California Fair Employment and Housing Act (FEHA). This California employment law provides an expansion on the definitions of the prohibited acts of discrimination in the workplace.
• Americans with Disabilities Act of 1990 (ADA). This federal Act prohibits discrimination in layoffs based on an employee’s disability.
• Age Discrimination in Employment Act (ADEA). This federal Act prohibits employers from issuing job layoffs based on age.

Read More

The Plight of African-Americans in Federal Workplaces

 Image Source:  http://www.laborunionreport.com/portal/wp-content/uploads/2012/04/African-American-Male2.jpg

Every person has unique characteristics that make him or her special. No matter what one’s color, race, sexual preference, or age is, all of us deserve to get respect from everybody. However, this has not been the case for a lot of people. In the United States, acts of discrimination against African Americans have been happening since time immemorial. Because of their color and appearance, some white Americans think that they are less of a person.

Interestingly though, African Americans have been able to contribute a lot to the country and to society in general. Case in point: Michael Jordan who redefined what basketball is, clergyman and activist Martin Luther King Jr. who played a huge part in the advancement of civil rights that all of us enjoy, famous celebrities Morgan Freeman, Oprah and the king of pop Michael Jackson. Let us also not forget our very own President Barack Obama. Certainly, their color and race didn’t prevent them from being very important personalities that made waves in their respective fields. 

Despite these great achievements by our African American brothers and sisters, their fight against discrimination is still on-going. That is why the Equal Employment Opportunity Commission (EEOC) has been actively joining this long, dragging battle by African Americans for equality and fair treatment.  Despite the numerous legislation that help protect the rights of all people, regardless of color or race, there are still a lot of obstacles that the agency is facing.

Recently, the EEOC came up with a report that takes a deeper look into the many obstacles that the agency is facing in preventing discrimination against African Americans in a Federal Workplace. The report sites unconscious biases, perception and the inadequate implementation of equal employment opportunity (EEO) laws have been negatively impacting African Americans, depriving them of fair employment opportunities, and affecting business decisions.

The fight against discrimination is not an easy task. That is why we must extend our commitment to make sure that such abuses are prevented from affecting anybody in the workplace. If you have been a victim of discrimination against color, or any other forms of it in the City of Los Angeles, make sure that you ask the help of top Los Angeles employment lawyers in filing the appropriate claims to get the justice that you deserve.

Read More

Pregnancy and the Laws Protecting the Rights of Women

Image Source: http://www.ottingerlaw.com/wp-content/uploads/et_temp/pregnancy+discrimination-477x230.jpeg

It has been said that the ability of a woman to carry a life in her womb for nine months is one of the noblest things ever. While most people still don’t get it yet, pregnancy is such a difficult phase that most women has to go through. More than the pain, suffering, and sacrifices that a woman is subjected to during pregnancy, this could even result into her giving up her own life.

Dangers of giving birth
According to some experts, the pain that a mother feels while giving birth is almost as painful as breaking a number of bones simultaneously. Moreover, in cases when a C-section is needed to give birth, a woman will have to endure the pain of having her abdomen cut open, just to extract the baby from her womb. These things can get a woman’s life in danger as such procedures can cause her death.

Pregnant women need care
Given these much risks, pain, and suffering the last thing that a woman needs are complications and hassles that can affect her health and well-being.  It is important that we give them the respect and importance that they deserve. That is why workplace discrimination is one thing that they don’t need and that is why there are laws that help protect them.

Laws that protect the rights of pregnant women
Under the Civil Rights Act of 1964, particularly the Pregnancy Discrimination Act (PDA), sex discrimination on the basis of pregnancy is prohibited by law. That is why a company should not discriminate on a woman just because of her medical condition. Moreover, pregnancy should be considered by the company and its workers as a temporary disability condition that will eventually be healed in time.

Additionally, according to the Family and Medical Leave Act (FMLA), pregnant women should be allowed to have up to twelve workweeks of leave in a year as she gives birth and takes care of her newborn child. This simply means that a company is prohibited from terminating a woman that recently gave birth just because she was taking extra days of leave to take care of her kid. These laws are just some of the legislations made, passed, and implemented to ensure the safety and well-being of pregnant women in the workplace.

Seeking the help of expert lawyers to protect you
If you happen to experience discrimination or get terminated because of your condition, you should remember that you have the laws of the land to protect you and your rights. Just hire the services of the best Los Angeles employment lawyers in town to help you seek for damages for your lost income, as well as the pain and suffering that losing your job has caused you.

With all of the sacrifices that a mother gets through just to help bring a new life in this world, they deserve nothing but our great respect and appreciation. And there is no better way for us to show that than making sure that all of these laws protecting them are implemented and followed by everyone.                                                                                                                   

Read More

Understanding Your Rights against Workplace Discrimination in California

 A lot of people are saying that employees in California are the luckiest ones in the United States. Why, you ask? It is because the state implements a lot of laws that aim to uphold, promote, and protect its employees various rights through proper implementation. However, despite having a multitude of laws to prevent workplace abuse, harassment, and discrimination, there are still a great number of abuses that happens to a lot of workers in California, even in a Federal workplace setting.

Who are the frequent victims of workplace discrimination, harassment, and abuse in California?

Immigrants from Mexico and other countries, particularly Asians, have been the target of various discrimination cases. Plus there are still a lot of cases that centers on sexual harassment. Abuse of someone’s sexuality is still very much rampant despite of the presence of a lot of laws. That is why Human Resources officers as well as managers should be undergoing regular trainings on how they can be able to address and prevent these various problems in the office.

The Equal Employment Opportunity Commission’s (EEOC) Federal Training Courses

For stakeholders to better identify what causes abuses and how can the management prevent cases of discrimination, harassment, and abuse they need to go regular trainings to keep them abreast with the latest issues when it comes to employment laws and regulations. That is why the EEOC offer various federal training courses to help these people in performing their job; uphold the rights of every federal employee.

Just recently, the EEOC opened its doors again by provided Federal Training Courses for the year 2013. These programs made by the EEOC are specifically for the following:

• EEO and HR for Managers & Supervisors (which is a joint EEOC/OPM program)
• Barrier Analysis
• Basics of MD-715
• Disability Program Management (basic and advanced)
• Drafting Final Agency Decisions
• EEO laws refresher
• Counselor and Investigator Refresher, and
• New Counselor and New Investigation.

These programs aim to give HR officials and managers a proactive role in helping prevent acts of discrimination by giving them ways to putting an end to it before it happens. That is why the agency has launched the mentioned new programs so that the federal supervisors and workers can understand better the dynamics in a workplace. So if you feel like you want to know more about how you can prevent workplace discrimination in your workplace, just sign up and join these training programs.

Hiring lawyers to shed light about the different employment laws in California

When it comes to the laws that aim to prevent workplace abuse, it is nice to better understand how the law works and how it does prevent instances of workplace abuse and discrimination happens. Hiring the services of good Los Angeles employment lawyers will help you better understand the laws as they can explain how California employment laws work and how you can use it to help fight workplace harassment and discrimination in the federal workplace once and for all.
                                                                                                                                        
Putting a stop to workplace discrimination is each and every one’s role. That is why everybody should actively take part in helping put a stop to this once and for all. Only by working together and helping each other can we once and for all stop workplace discrimination and foster a better working environment for each and every one.

Read More