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A growing concern for many California employers

Aug 2, 2021 | Employment litigation

When it comes to terms that centrally define the employer-worker relationship in California and nationally, “complex” might logically come to mind.

Because, candidly, virtually everything relevant to a company’s workforce can spell a ready mixture of complications and concerns.

Employees comprise a unique asset, and an enterprise’s hiring/retention practices and policies fundamentally play into ultimate business wins or failures. A proven California employment law source underscores how critically important it is for commercial principals “to bring the right talent on board and foster employees’ success.”

What a given management’s smart employee-linked decisions often yield is a workforce singularly imbued by dynamism tied to diversity.

What that means is this: There is openness – not a shuttered mentality – among key company decision makers when it comes to bringing on board workers with varied backgrounds and personal attributes.

America’s complex web of federal, state and local employment legislation encourages that. Indeed, U.S. labor laws set forth encompassing and staunchly protective provisions that safeguard on-the-job performance and activities. Today’s blog post spotlights a seminal federal law that applies to one specific work demographic.

The ADA – a protective umbrella for a distinct work group

Spelled out, ADA is the shorthand designation for the Americans With Disabilities Act, potent anti-discrimination legislation enacted by the U.S. Congress in 1990.

It centrally mandates this: a flat bar on employers spanning the country when it comes to discriminating against disabled individuals. As one in-depth ADA overview stresses, the law renders it taboo to discriminate against persons meeting the statutory definition of disabled “in hiring, promotions, training and other privileges of employment.”

The ADA fleshed out: key points to note

The ADA broadly applies to any person physically and/or mentally challenged in a manner that materially limits a “major life activity,” like seeing, learning or speaking.

Notwithstanding any such challenge, a disabled person who is otherwise qualified at the workplace cannot be discriminated against by a potential or actual employer.

The ADA spells that out, specifically noting this:

  • An employer must reasonably accommodate a disabled worker (e.g., by removing physical barriers, providing specialized equipment, constructing ramps that improve accessibility and so forth)
  • Management’s balking at making changes or refusing to do so can be legally excused only upon a showing of undue hardship

Company leaders might reasonably have questions or concerns about the ADA and its application. They can turn to an experienced labor law legal team for guidance and, when necessary, diligent legal representation.