Disability Discrimination In Employment
Disability Discrimination: A Costly Mistake Employers Make When Their Fire or Deny Employment To Disabled Persons
There are many employers who end up firing their employees because they became a disabled or they refuse to hire any person who is disabled. Their belief is that it’s cost effective. However, this practice could cost them more in the long run, as it’s against the law. That means the employer could face legal liability. It is legitimate action for any employee who knows how to file employment discrimination charge at the workplace.
For example:
Jewel-Osco, supermarket giant, had to pay $3.2 million after a disability discrimination lawsuit was filed by the U.S. Equal Employment Opportunity Commission for allegedly firing thousands of employees who had disabilities rather than making reasonable accommodations for these employees.
Jewel-Osco, who is associated with Jewel Food Stores, American Drugs Stores LLC and SUPERVALU INC. had put forth an employment policy of firing employees with disabilities once their medical leave of absence was done rather than providing them with reasonable accommodations that could let them come back to work.
It’s been estimated that at least 1,000 employees were fired in Chicago. However, only 110 previous employees were permitted to participate in the lawsuit.
Besides paying the $3.2 million, the company agreed to commence training for employees about the Americans with Disabilities Act, submit to EEOC monitoring and employ consultants to review the company’s procedures.
There are hundreds of employers who believe that terminating employees when they become disabled or refusing to employee applicants who are disabled is a cost-effective way to run the business but it only gets them into trouble down the road… legally!
Under both the Disabilities Act of 1990 and the Rehabilitation Act of 1973, a company who is covered by these laws cannot discriminate against qualified persons who have a disability. A qualified person with a disability is a person who has either a mental or physical impairment that limits them from major life activities but can perform the job they are looking to do without unreasonable accommodations.
The ADA provisions demand that employers make reasonable accommodations of the person’s known mental or physical who are qualified to do the job, whether they are a current employee or an applicant… unless the business can show that it would be an undue hardship on the employer’s operation and business.
Businesses who fail to comply under either one of these acts could face a disability discrimination lawsuit particularly if the employer used any of the following employment criteria to decide on employment:
- Benefits
- Job assignments
- Lay-off
- Leaves
- Pay
- Promotions
- Recruitment
- Termination training
- Other job-related activities
Employers could also be held liable for both compensatory and punitive damages where they have been cases of intentional discrimination under the following amendments:
- Title VII of the Civil Rights Act of 1964
- Civil Rights Act of 1991
For other legal matters and related laws, go to Legal Documents Free site, and you will find many free legal forms that can be downloaded for free, including Business Forms, Employment Forms that can be used for corporate and business owners at any time.