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What Is Age Discrimination?

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The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older from employment discrimination based on age. The ADEA protection applies to employers with 20 or more employees and applies to both employees and job applicants. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Harassment of employees on the basis of age is also unlawful discrimination. Harassment can include offensive remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as the victim being fired or demoted.

The harasser can be the employee’s supervisor, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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 based on your age? 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.

Is Obesity Considered a Disability?

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The short answer is yes. Recently, the American Medical Association (AMA) has declared obesity to be a disease. This has implications for employers, since obesity may now also be considered a disability in certain circumstances.

Given the broader definition of disability under the ADA Amendments Act, many persons who have been diagnosed for obesity as a disease may well fall within the definition of being currently or actually disabled. The question will be: does that person’s obesity substantially limit one or more major life functions? If the answer is yes, then the employer’s obesity may be considered a disability. Given that endocrine system function is one example that could be affected for someone who is obese, likely the answer will be yes based on this alone.

What Does it Mean for Employers if Obesity is a Disability?
One of the biggest ramifications is that the ADA will now prohibit discrimination against an applicant or employee because of his or her obesity. It will also mean that employers will be required to make reasonable accommodations to allow employees who are obese to perform essential job functions. And it will also prohibit retaliation against obese individuals requesting reasonable accommodation for obesity.

Read More: http://goo.gl/xYs9eA

The Law Offices of Payab & Associates is a Los Angeles based law firm founded by David Payab, Esq., 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? 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.