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Employees with Diabetes: What You Need to Know

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Nearly 26 million Americans have diabetes and an estimated 79 million adults have pre-diabetes. Employees with diabetes are covered by the American with Disabilities Act (ADA) which prohibits disability discrimination in the workplace. Diabetes is a physical impairment that limits major life activities, and thus meets the ADA definition of disability.

In fact, the Equal Employment Opportunity Commission has made it clear that diabetes should be a covered disability under the ADA. Diabetes can limit major life activities, such as caring for oneself, seeing, walking, eating, and standing.

Accommodations for employees with diabetes are usually minimal, easy to accomplish, and require little or no cost to the employer. Reasonable accommodations include: breaks to check blood glucose levels and treat by taking medicating or eating, ability to keep diabetes supplies and food nearby, opportunity to work a modified schedule, and opportunity to leave for treatment of diabetes.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated at work because of diabetes? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

If I get injured in an accident or wrongfully terminated, how long do I have to make a claim?

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The time you have to file a lawsuit will vary from state to state depending on statute of limitations. Statute of limitation is the time within which a lawsuit or claim must be filed.

Some common statute of limitations include:

Personal Injury cases – you have 2 years from the day of the accident to file a lawsuit.
Discrimination, Harassment, Retaliation under California’s Fair Employment and Housing Act (age, race, sex, disability, national origin discrimination, etc.) – Claims must be initially filed with the Department of Fair Employment and Housing within 1 year. Once the DFEH issues a Right to Sue Notice, the claimant has 1 year to file a case in court. Note that even if you miss the 1 year statute of limitations to file a DFEH Complaint, you can still file a claim for wrongful termination of public policy within the 2 year standard tort statute of limitations. Of course, when a potential FEHA claim is pursued as a public policy claim, you can not collect your attorneys’ fees as you could under FEHA.
Discrimination, Harassment, Retaliation under Title VII, ADEA and ADA (age, race, sex, disability, national origin discrimination, etc.) – In California, claims must be initially filed with the Equal Employment Opportunity Commission with 300 days. Once the EEOC issues a Right to Sue Notice, the claimant has 90 days to file a case in federal court.
Unpaid Overtime, Minimum Wage, Meal and Rest Breaks – Claims must be filed with the Labor Commissioner or in court within 3 years of when the wages were earned.
Breach of Contract – If the contract is written, the lawsuit must be filed within 4 years of when the breach occurred. If the contract is oral or implied-in-fact, it must be filed within 2 years of the breach.
California Equal Pay Act – Actions for wage discrimination claims (ie- the opposite sex is paid a higher wage based on gender) is within 2 years for most actions, and 3 years if the violation was willful.
Family Medical Leave Act – Any action must be filed within 2 years after the violation, or within 3 years if the violation was willful.

If you’re debating whether or not to pursue a claim now or later down the road it will generally be to your benefit to file sooner than later as it’s typically easier to collect evidence and prove damages before too much time has passed.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment and personal injury cases. Our office has successfully litigated many complex disputes including car accidents, wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://www.payablaw.com/

American with Disabilities Act: Reasonable Accommodations Only Need to Be Offered Upon Request

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An important court decision recently confirmed that an employer has no duty to offer reasonable accommodations to an employee with a disability until the employee specifically requests an accommodation. That’s true even when the employer is aware of the employee’s disability.

To establish an American with Disabilities Act (ADA) claim, an employee must show that he or she:
1. Has a disability as defined by the ADA,
2. Is qualified, with or without a reasonable accommodation, to perform the functions of his job, and
3. Suffered discrimination because of his disability.

The court found that before an employee can be deemed “not qualified” for his job, the employer must take an effort to accommodate his disability. However, the employee has a duty to request a reasonable accommodation. An employer is not required to offer an accommodation, even though he knows the employee is disabled under the ADA. The court stated that “it is not the employer’s responsibility to anticipate the employee’s needs and affirmatively offer accommodation.”

In making a request for an accommodation, the employee need not utter any magic words, nor must he say that he is request a reasonable accommodation. Furthermore, the request need not be in writing. However, the employee must make clear that he wants assistance for his disability. Also, the employee must be clear that he needs an accommodation for his disability.

PRACTICAL ADVISE: If you think you may need reasonable accommodation for your disability at your workplace, let your employer know as soon as possible.

Read More: http://goo.gl/8iIsz2

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

Prohibited Employer Actions under ADA and FEHA

If you are an employer, you should be familiar with American with Disabilities Act (ADA) and California’s Fair Housing and Employment Act (FEHA). Said acts ensure that disabled employees are not discriminated against in the workplace. So what do these two acts entail?

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Under the ADA and FEHA an employer cannot:

  • Fail to make a reasonable accommodation for someone with a disability.
  • Use qualification standards, employment tests, or other selection criteria that screens out or tends to screen out individuals with disabilities.
  • Have a policy with an adverse effect on people with disabilities, even if that was not the intent of the policy. One example is when a policy states that an employee who has an absence from work after exhausting all leave options will be terminated, without exception. This is illegal since disabled individuals may require further accommodation.
  • Retaliate against an individual because that person opposes an employer act or a practice that is unlawful.
  • Ask a job applicant whether she or he is an individual with a disability.
  • Ask a job applicant about any job-related injuries or workers’ compensation history.
  • Force an applicant to take a pre-offer medical examination or psychological examination.

Read more at: http://goo.gl/FMuc0L

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit EmploymentLawyersLA.com if you have any questions regarding your rights at the workplace.