WERE YOU DENIED A JOB BECAUSE YOU ARE THE CARETAKER OF A DISABLED CHILD? CONTACT BAY AREA DISCRIMINATION LAWYERS NOW.
The Equal Employment and Opportunity Commission (EEOC) has just filed a disability discrimination lawsuit against an international manufacturer, The Timken Company. The lawsuit alleges that the company refused to hire a female employee for a full-time position because they were concerned about her performance because she is the mother of a disabled child. The EEOC alleges that the company violated the federal American’s with Disabilities Act and Title VII of the Civil Rights Act by refusing to hire her for the fulltime position. The EEOC argues the ADA protects employees and applicants from discrimination based on association with people of disabilities.
Disability discrimination is illegal under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). Under the ADA, an employer cannot discriminate against a qualified individual with a disability in job application procedures, hiring, advancement, termination, compensation, job training opportunities, and more.
Under California’s FEHA, a disabled individual receives more protection under the law. For example, under the ADA an individual is considered “disabled” if he or she is substantially limited in a major life activity. Under FEHA, an individual is considered disabled if limited in a major life activity. Therefore, the California law requires a lower standard of limitation. In addition, under the ADA a “major life activity” does not necessarily include work. However, under California law, a major life activity always includes work. If you have been a victim of disability discrimination because you are associated with a disabled individual, or because you yourself are disabled, contact the experience team of employment attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.
