workplace

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.

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.

What Is Constructive Discharge and Why Is It Important?

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Constructive discharge is when an employee is forced to quit because the employer has made working conditions unbearable. Unbearable conditions include harassment or discrimination, or receiving a negative change in pay or work for reasons that are not work-related. An example is when Bob believes he was constructively discharged when he felt compelled to quit after his supervisor decreased his pay and benefits for no performance-related reason.

While employees who voluntarily quit are typically not expected to receive unemployment benefits and lose the right to sue the company for wrongful termination, constructive discharge is an exception. If an employee feels he or she was forced to leave a job because the employer made the job so unbearable, he or she can file a wrongful termination suit against the former employer. In this case, being compelled to quit is legally similar to being unfairly discharged.

If you believe your termination was wrongful and you have been constructively discharged or you have not been treated according to the law or company policy, you can get help.

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 working in an unbearable working condition? 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.

How Does the Reasonable Accommodation Process Work?

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In the second part of a two-part series, we will explain how the Reasonable Accommodation process works.

In general, the reasonable accommodation requirement starts when the employer learns of the employee’s need for a change and that the need is related to a medical condition. The employee does not have to expressly say the words “I need a reasonable accommodation for my disability.” The employee simply needs to make a request for a change that will allow him or her to perform the essential job functions, and it needs to be noted that the request is due to a medical condition.

After an employer gets a request for a reasonable accommodation, the next step is to use an interactive process to determine whether the request will be granted. This process requires an interaction between the employer and employee to determine what reasonable accommodations the employer may be able to provide. This process does not have to be formal or even in writing. However, it may be best for the employer to document the interactions. The interactive process should clarify the individual’s needs and assess what accommodations might meet those needs.

The employer and employee may discuss possibilities of reasonable accommodations. Then the employer assesses which alternative might work best. Of course the employee should have input. However, the employee’s first choice of accommodation does not have to be the final selection if the employer can offer an alternative that still allows the employee to perform the essential functions of the job.

Note, the only reason an employer can deny a reasonable accommodation request is if it would present an undue hardship on the employer. An undue hardship could be financial, or it could mean that it is too disruptive to implement. However, the undue hardship standard is a very high threshold to cross. It takes into account the finances and performance of the company. That said, an employer is not obligated to remove essential job functions either. If the employee is unable to perform essential job functions and no reasonable accommodation exists, that employee may no longer be qualified to perform the job.

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? 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.

Are You Entitled to Unpaid Leave?

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The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires health benefits to be maintained during the leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave.

In order to be eligible to take leave under the FMLA, an employee must:
– have worked 1,250 hours during the 12 months prior to the start of leave
– work at a location where the employer has 50 or more employees within 75 miles, and
– have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave.

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons:
– for the birth of a son or daughter, and to bond with the newborn child,
– for the placement with the employee of a child for adoption or foster care, and to bond with that child,
– to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition,
– to take medical leave when the employee is unable to work because of a serious health condition, or
– for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.

The FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.

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

Sexual Harassment Outside of Work

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Sexual harassment is not only prohibited at work but it also applies outside of work. Illegal sexual harassment can occur outside of work or at social events. Sexual harassment is also prohibited via written, oral, electronic, and all other forms of communication, including social networking. Further, nonemployees, such as customers, clients, patients, contractors, vendors, and suppliers may be liable for sexual harassment. Also, employers could be held liable for sexual harassment if it is done by a third party, i.e., vendors, clients, against their employees if they are placed on notice and if they fail to stop it.

Read More: http://goo.gl/F1qRgH

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? 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 Constitutes Unacceptable Harassment at Work?

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Here is a list of 16 examples of harassing behavior:

• Unwelcome or inappropriate touch, such as patting, pinching, or brushing against someone
• Mimicking or making fun of someone’s accent, disability, diction, gestures, or manner of speech or religious, racial, or ethnic attire or dress
• Sexual flirtations, bantering, etc.
• Sexually suggestive conversations, comments, questions, stories
• Racial, ethnic, or religious jokes or jokes that belittle or stereotype any other protected group
• Obscene, sexual, or suggestive materials, cartoons, objects, photos, etc.
• Hate symbols, such as a noose, a swastika, or a KKK symbol
• Nicknames that relate to any protected group, such as “Grandpa”
• Linking employment decisions or benefits to a subordinate’s submission or refusal to submit to sexual advances
• Questions or comments about an employee’s actual or perceived sexual orientation
• Asking for sex and other sexual advances or propositions
• Sexual or suggestive jokes
• Sexual or physical assault
• Hate slurs that relate to any protected group, such as the “N” word and the “C” word
• Stereotyping comments, such as “you don’t sound …”
• Other inappropriate or unprofessional conduct that relates to or is directed at a protected group

Who Can Be Held Liable for Harassment at Work?
Not only is the employer liable but also managers and supervisors may be personally liable.

Read More: http://goo.gl/bO5sFj

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in sexual harassment 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 sexually harassed 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.

California’s DFEH Report Highlights Discrimination Trends

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The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, recently submitted an annual report showing trends toward filings related to disability, race and gender-based discrimination.

In 2012, there were 19,839 employment cases filed with the DFEH. The majority of the DFEH cases were for: Disability Discrimination (13,452), Race/Color Discrimination (6,990), and Sexual Harassment (6,169).

Trending in 2014 is an expected increase in discrimination cases based on gender, gender identity and gender expression. Also trending is an expected increase in cases brought under the California Family Rights Act and Pregnancy Disability Leave laws.

Read More: http://goo.gl/uvAb3h

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? 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.

Accommodation of Employees’ Religious Beliefs

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Accommodating religious beliefs is a delicate task for employers. However, communicating and working with employees to determine possible accommodations are your best strategies.

The employer is responsible for offering reasonable accommodation. After doing so, the employer will have met his or her obligation even if the employee does not agree with or consent to the accommodation.

Evidence of thorough and thoughtful participation in the interactive process will always serve the employer well. It is also critical to document the various accommodations the employer offers and the employee’s responses to these accommodations. As such, all accommodations should be documented and reported to supervisors and HR.

Read More: http://goo.gl/AGiP1v

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, religious discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated based on religion 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.

What is Medical Leave and When Are You Entitled to One?

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The Family and Medical Leave Act (FMLA) entitles an employee to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.

In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Also, an employee seeking medical leave must give the employer notice of the need for leave and indicate when the employee anticipates returning to work.

The employee must provide information to the employer to suggest that his or her health condition could be serious. When the leave is foreseeable, the employee must give at least 30 days’ notice. When the leave isn’t foreseeable, the employer must provide notice to his or her employer as soon as practicable under the circumstances.

PRACTICAL ADVICE: If you think you have a serious health condition that could entitle you to a medical leave, give your employee at least a 30 days’ notice or as soon as practicable under the circumstances.

Read More: http://goo.gl/2lovlN

If you or anyone you know is entitled to a medical leave, 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.