Various Accommodations California Employers Must Provide for Employees with Obesity

The American Medical Association (AMA) officially announced last year that obesity is a disease. As such, employees with the said condition are likewise protected under the Americans with Disabilities Act (ADA). Although before, obesity is only considered a disability if it is a result of an underlying health condition like diabetes; otherwise, it is a lifestyle choice.

Obese employees are now protected under employment laws on both federal and California levels, including the ADA and the Fair Employment and Housing Act (FEHA), especially if their conditions substantially limit their ability to exercise a major life activity, such as walking, bending, sitting, and the like. Therefore, the laws provide covered employers to dutifully make reasonable accommodations to allow employees with obesity to perform the significant functions of their jobs.

For employers to do so, they must be able to engage themselves in an interactive process with their employees. For example, if the obese employee calls the attention of his or her employer and asks for a change in his or her work due to his disability, then it is the obligation of the latter to provide the accommodation, especially if there is knowledge of the former’s inability to perform his or her tasks. The employer may not refuse the employee a certain accommodation, but may only do otherwise if it poses undue hardship.

Basically, the process of providing reasonable accommodations for employees with obesity is no different from that of other employees with disabilities. Meanwhile, below is the list of some of the viable accommodations that employers covered under the prevailing laws must provide to obese employees:

• Changes on where or when the employee can work. The employer may allow the employee to work reduced hours or be given additional rest breaks. Depending on the employer, it may also allow the employee to work at home, so long as the latter has the necessary equipment for him or her to perform his or her tasks.
• Changes on how the employee’s work is performed. The employer may allow the employee to be reassigned to a vacant position in the workplace. Also, the employee may also be reassigned to perform some of the non-essential functions of his or her position.
• Changes to the employee’s office setting. If the employee has a hard time sitting comfortably in his or her chair, the employer may provide him or her with a larger one in an effort to reduce fatigue.

If, however, the employer deliberately refuses to give the obese individual the necessary accommodations, it is already a violation of the laws, more so if there is discrimination involved. The victim may file a charge against his or her employer with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Alternately, it is also imperative to seek the expertise of a Los Angeles employment discrimination lawyer.

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Appreciating the Contributions of Disabled or Differently-abled Individuals

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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.

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Making a Stand Against Age Discrimination

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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.

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The Plight of African-Americans in Federal Workplaces

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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.

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