american with disabilities act

Employees with Diabetes: What You Need to Know

diabetes

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.

What Type of Mental Illnesses Require Accommodation by Employers?

mental-illness

Americans with Disabilities Act (ADA) prohibits discrimination against employees who suffer from mental health issues. Mental disabilities are covered by the ADA to the same extent as physical disabilities. A physical or mental impairment will constitute a disability under the ADA if it “substantially impairs one or more major life activities,” which are broadly defined to include activities such as concentrating, thinking, learning, communicating, and reading.

According to the Equal Employment Opportunity Commission (EEOC), an extensive range of mental illnesses may qualify as disabilities, including anxiety disorders, bipolar disorder, major depression, and personality disorders. Since many mental health conditions occur occasionally and at irregular intervals, it is important to note that an impairment is considered a disability if it “substantially limits a major life activity” when active.

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 his or her mental illness? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ to learn about your rights at the workplace.

3 Employment Law Trends Employers Need to Know

employment-law-trends

Below are descriptions of 3 employment law trends and several suggestions on how to manage them effectively.

1. Litigation issues are on the rise. There has been a rising tide of wage and hour litigation in the United States. In 2011, the U.S. Department of Labor recovered $225 million in back wages for employees, up 28 percent from 2010. It is important that employers consistently review their company policies and procedures to avoid litigation.

2. Workers want their time off. The American with Disabilities Act, the Family Medical and Leave Act, and other state and federal laws have outlined specific rules that relate to employees taking time off for vacation, sickness, and other qualifying situations. It would be ideal for employers to be mindful of what their policies paid time off policies are, and if they are in line with federal and state law guidelines.

3. The Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) have been stringently enforcing its plan in: protecting immigrants, migrant and other vulnerable workers, enforcing equal pay laws, eliminating barriers in recruitment and hiring, prevent harassment in the workplace, and preserving access to the legal system. In order to avoid these situations, it is advisable for employers to review and update their employee handbook regularly and consult with legal professionals to ensure that their company policies comply with state and federal law.

Read More: http://goo.gl/bAaBRj

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.

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

Image

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.