The North Americans with Disabilities Act (ADA) and the Californian dept of the Fair Employment and Housing Act (FEHA) state that an employer can in no way take any action that may be negative to the employee based on the grounds of their arthritis. This will include the following:
– Not allowing time off the job for Doctor’s appointments and medical exams
– No accommodation by the employer so that the worker is afforded reasonable time off from work for their illness
– Non allowance of regular breaks to rest the affected joints of the disabled party
– No arthritic friendly equipment is supplied by the employer such as a straightforward use keyboard or rheumatism friendly chair.
A talented wrongful termination lawyer who understands disability rights can be called on to battle in your corner especially if there's a hostile work environment. As touched upon earlier some bosses may not make it appear so apparent re the reasons that they have ended the worker, saying underlying reasons like not being up to the job, or consistently taking time off. This is something that an attorney will see straight through and will make the claim on behalf of their client in an appropriate way.
According to the letter of the law an employer has to live by something known as ‘reasonable accommodation’. This means that there properly must be a certain amount of flexibility when employing a disabled person. This could relate to allowing time off for medically based reasons, making them as comfy as possible so the arthritis sufferer can carry out the task in hand to the best of their ability, or maybe creating a position for them (if applicable).
The law is there to guard staff from companies who do not provide these services. One critical factor to bear in mind is if a worker can't perform the fundamental functions the job entails, then they don't have grounds for a legal claim.
For any person attempting to work with a devitalizing illness such as arthritis, it can be a punishing and painful experience. However with the right employer to back you, it'll feel just that bit easier. For those employees who don't have that backing, bear in mind that a talented team of wrongful termination lawyers can be helpful.
How discrimination laws are being applied by the team of Los Angeles wrongful termination attorneys in handling discrimination cases. Read on the text of Harlene Blacklow to understand how.
