Advice From Employment Discrimination Attorneys

By Jordan Schmidt


Discrimination is a serious problem in the workplace, because it sometimes keeps many deserving people out of a job, or subjects them to unfair treatment. Many employment discrimination attorneys in San Bernardino, CA. Work to ensure justice is done in these cases.

Employment discrimination is any type of discrimination directed towards another person based on their race, age, gender or religion. It may also be directed toward an individual because of a physical or mental disability which they have. Sometimes it can be difficult to tell whether you are being discriminated against by your employer, because it can often be very covert. You need to understand what this type of behavior consists of, and if you have doubts, speak to an attorney or other advocate.

The law considers hardship to mean that it would be too difficult or expensive to accommodate the employee. This would depend on the size of the employer and their financial resources. However, the employer cannot refuse to accommodate a worker merely because there is some cost involved, although they are not required to provide the exact accommodations the employee wants.

The law defines a reasonable accommodation as any changes in the work environment that would help the person with a disability to work there. So there should be protocols in place assisting them in applying for jobs, performing the duties of the job, and enjoying any benefits that the company offers.

These sorts of acts are forbidden by law in any area of employment. This includes hiring new staff members, firing a person or determining their pay. It is also against the law for an employer to discriminate in terms of handing out job assignments, giving promotions or deciding who is to be laid off. An employer also cannot deny training opportunities and other job benefits simply due to the age of a worker or any other factor such as their race or gender.

Once a person has been hired and begins the job, a company can only ask medical questions or require them to take a medical exam if medical documentation is needed to provide accommodation for the employee. An employer may also request this information if they believe that the worker is not able to perform the job adequately or safely. All medical records and information must be kept strictly confidential.

The Equal Pay Act mandates that men and women who work in the same company must be given equal pay for their work. The jobs do not have to be identical, since job content and not job title is what determines whether jobs are equal. Equal pay includes salary, bonuses and overtime pay. It also extends to various company benefits such as stock options and vacation time. If there are unequal wages between men and women in a certain company, the employer cannot reduce wages as a method of equalizing pay.

It is also important to note that an employment policy that applies to everyone may be illegal if it has an adverse impact on certain applicants or employees; for instance, those who are older than forty, are a particularly minority or have certain religious or political affiliations.




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