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Protecting the Rights of Disabled Workers in San Jose

Posted on in Employment

CA employment lawyerThe job field is competitive for workers in the San Jose area, with numerous qualified candidates eager to fill positions. If you are a disabled person, it may feel like you are at a distinct disadvantage in terms of obtaining and maintaining gainful employment. While unfair labor practices are still rampant, there are numerous employment laws in place to protect you against disability discrimination. The following highlights important information you need to be aware of to defend yourself and your rights.

Protection Against Disability Discrimination on the Job

According to the Pew Research Center, close to 40 million Americans suffer some type of disability. While some of these are unable to work, physical, sensory, or cognitive impairments that prevent them from working or performing even simple daily tasks, more than half play a vital role in performing a variety of different types of jobs.

Unfortunately, those with disabilities face numerous obstacles in the workplace. For one, Pew reports that they are likely to earn less than other workers. Even getting hired by a potential employer may be a challenge, but the Employment Development Department (EDD) provides services in San Jose and throughout California to help you obtain job skills and employment. It is also important to be aware that throughout the process, there are both state and federal laws in place to protect you.

This includes the Americans with Disabilities Act (ADA), which applies to all employers with more than 15 employers. It prevents discrimination in the workplace by providing standards for job advertisements, interviewing, hiring, pay, and general employer practices. The Equal Employment Opportunity Commission (EEOC) states that protected rights workers have include the following:

  • The right to reasonable accommodations when applying for a job, such as a sign language interpreter for those who are hearing impaired.
  • The right to not have to undergo medical testing in order to be hired unless it is a test that all potential employees must submit to, such as a drug screening.
  • The right to be paid the same rate as other employees performing the same types of tasks.
  • The right to be included in health insurance benefit plans, which may cover your condition.
  • The right to reasonable accommodations on the job site, such as interpretive readers and generally accessible bathrooms, breakrooms, and other common areas.
  • The right to work a part-time or modified work schedule, as needed based on your disability.

Under the ADA, employers are also prohibited from discriminating against you if you have a spouse or other family member who is disabled and requires your care.

Contact a San Jose Disability Discrimination Attorney

If you have been denied a job, dismissed by an employer, or subject to some other type of job discrimination based on your disability, the Jachimowicz Law Group is here to help. Call 408-246-5500 or reach out to our skilled Santa Clara County employment law attorneys online and request a free consultation to discuss your situation today.

 

Sources:

http://www.pewresearch.org/fact-tank/2017/07/27/7-facts-about-americans-with-disabilities/

https://www.edd.ca.gov/jobs_and_training/Services_for_People_with_Disabilities.htm

https://www.eeoc.gov/facts/ada18.html

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