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Employment/Discrimination Information Center


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Frequently Asked Questions about Discrimination

Q: Who is protected from employment discrimination on the basis of disability?

A: Discrimination in employment is prohibited against "qualified individuals with disabilities." This restriction applies to both applicants for employment and employees. An employee or applicant is considered disabled if he or she has a physical or mental impairment that substantially limits one or more major life activities, and he or she has a record of such disability or is regarded as having such disability. Major life activities include seeing, hearing, speaking, walking, breathing, manual tasks, learning, caring for oneself, and working.

Q: Who is a qualified individual with a disability?

A: A qualified individual with a disability is a person who possesses legitimate skills, experience, education, or other requirements of an employment position that he or she seeks and can perform the essential function of that job, with or without reasonable accommodation. If the individual is qualified to perform essential job functions except for limitations set forth by their disability, the employer must consider whether the individual could perform these job functions with a reasonable accommodation.

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Many people have experienced discrimination in the workplace and in other places because of their background or appearance - in fact, race discrimination is the largest category of claims to the EEOC. It is unlawful for employers to discriminate against an employee or a prospective employee on the basis of race, color, or national origin. Employers who do so are most likely breaking federal law. If you feel you have been discriminated against because of your race, color, or national origin, contact an experienced employment law attorney today to discuss your situation.

Were you laid off because of your race or national origin? Do you believe you were not hired because of a disability? Have you been overlooked for promotion because of your gender? Employee discrimination claims require careful legal consideration. At Vakili & Leus, LLP, our employment law attorney works exclusively on discrimination cases.

Our Los Angeles law firm handles claims of age discrimination, race discrimination, sexual harassment and other employment discrimination matters. We sit down with workers and listen to their story. We help them identify incidents of discrimination and offer a realistic assessment of their case. To discuss your specific situation, contact Vakili & Leus, LLP.

Discrimination - An Overview

Over the years, federal and state legislators have worked hard to pass anti-discrimination laws. As a result of these efforts, the United States has some of the most stringent anti-discrimination laws in the world. Title VII of the 1964 Civil Rights Act and related anti-discrimination acts are the result. These federal laws prohibit employers from discriminating against applicants or employees on the basis of:

  • Race,
  • Color,
  • National Origin,
  • Gender,
  • Pregnancy,
  • Age,
  • Disability, and
  • Religion.

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Age Discrimination

There are federal and state laws that prevent an employer from discriminating against applicants and employees on the basis of age. The federal Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age. Discrimination on the basis of age may manifest itself in an employer choosing a younger applicant for a job, favoring a younger employee for a promotion, or firing a worker who is "too old." Other discriminatory actions are also possible. If you have suffered age discrimination, you have rights, and you should contact an attorney to discuss your options. An experienced attorney can assist you with your case and help you get your career back on track.

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Disability Discrimination

The Americans with Disabilities Act (ADA) bars private and most public employers from discriminating against qualified individuals with disabilities. Discrimination is illegal in job application procedures, hiring, firing, promotion, compensation, training, and other terms, conditions, and benefits of employment. A qualified individual with a disability is a person who meets legitimate skills, experience, education, or other requirements of an employment position and who can perform the essential function of that job with or without reasonable accommodation. If the individual is qualified to perform essential job functions except for limitations set forth by their disability, the employer must consider whether the individual could perform these job functions with a reasonable accommodation. If you have experienced discrimination based on disability, contact an attorney to discuss your case.

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Gender Discrimination/Harassment

Employers must not discriminate on the basis of gender. State and federal laws make it illegal for employers to discriminate on gender in hiring or advancement, including discrimination against women on the basis of pregnancy. Many women have experienced the "glass ceiling" at work, or had other discriminatory experiences. The law seeks to make a level playing field for workers of both genders, but the only way to make these laws effective is to enforce them. If you have experienced gender discrimination at work, making a claim may help you, but it may also make the workplace in general fairer for others. Contact an experienced discrimination lawyer to discuss your possible gender discrimination case.

Title VII

Federal Title VII bans sex discrimination in the workplace. Any discrimination on the basis of gender that impacts the terms and conditions of employment is illegal. Terms and conditions of employment refer to most aspects of a job - compensation, benefits, working conditions, and other issues.

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Race Discrimination

Federal Title VII bans employers from discriminating on race, color, or national origin. Illegal discrimination occurs when an employer makes hiring or other employment decisions based on any of these issues. Therefore, employment decisions based on stereotypes or assumptions about traits or abilities of a person of a particular race or color are barred, as are employment decisions based on a person's ancestry, birthplace or culture, linguistic characteristics, or surnames associated with a specific national origin. Even in the absence of overt examples, an employer may be proved to have discriminated if seemingly neutral policies disproportionately and negatively impact members of a specific group. If you have been the subject of direct or indirect discrimination on the basis of your race, color, or national ancestry, contact an experienced attorney for advice and representation. Your rights are important, and you should enforce them.

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