Your Blog

Included page "clone:loganxbhbtcahob" does not exist (create it now)

The Difference between FEHA and ADA by Mark Dacanay - 25 Jan 2017 19:30


[[html]]Los Angeles disability discrimination is covered under the state law Fair Employment and Housing Act (FEHA).<br><br>FEHA is the California state equivalent of the Article VII of the Civil Rights Code of 1964 and the Americans with Disabilities Act (ADA), wherein it protects its citizens from discrimination and harassment in the areas of employment and housing.&#13;<br><br><object width="400" height="241"><param name="movie" value=""></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="400" height="241"></embed></object><br><br>This is the primary California law that prohibits employment discrimination by employers, labor organizations, employment agencies, apprenticeship programs and other entities based on race, color, religion, national origin, age, sex and medical conditions or disabilities.&#13;<br><br>Both ADA and FEHA protects employees from disability discrimination in the areas of work application, promotion, termination, compensation and benefits.&#13;<br><br>Under ADA, a person is deemed to be disabled if he has the following:&#13;<br><br>o The individual should have a mental or physical impairment that substantially limits one or more of his major life activities&#13;<br><br>o The individual has a record of having such an impairment &#13;<br><br>o The individual is being regarded as having such impairment&#13;<br><br>The FEHA on the other hand provides that an individual has a disability if he or she is limited in performing a very important life activity. FEHA's measure of limitation is <a href="">temporary employment contract</a> significantly lower to render more protection from <a href="">find jobs near you</a> discrimination policies.&#13;<br><br>The FEHA considers a "job" or "work" as a very important life activity compared to ADAs. As a result, a person may be considered disabled under FEHA even if the medical condition only limits the person's ability to perform one activity. &#13;<br><br>Under FEHA conditions, a person who is unable to work because of his disability is sufficient proof of limitation in an important activity.&#13;<br><br>Another difference between FEHA and ADA is in the treatment of mitigating conditions.&#13;<br><br><img style="float:left;margin:10px;border:none;" src="" width="282" /><br><br>Mitigation of condition refers to measures taken by the employee to lessen the effects of the disabling condition such as wearing glasses, getting a hearing aid, or walking with a cane.&#13;<br><br>Under ADA, an employee's disabling condition is evaluated or assessed on a mitigated status which results in a reduced chance of being considered disabled.&#13;<br><br>FEHA, on the other hand, evaluate disabling conditions on an unmitigated state. This increases the chances of an individual to be declared as disabled.&#13;<br><br>Another unique trait of FEHA compared to its federal counterparts is it allows the imposition of punitive damages to the offending parties.&#13;<br><br>A punitive damage is awarded to punish the employers and prevent him and others from committing similar acts in the future.&#13;<br><br>The employee has the burden of proving that punitive damages should be awarded by providing evidence that the acts of the employer were malicious or a reckless disregard of the employee's rights.&#13;<br><br>This includes company officers, directors, or managing agents engaging in disability discrimination or harassment. &#13;<br><br>Pursuing a disability discrimination lawsuit can be complicated. The employee should be familiar with the existing federal and state laws that could be applied to his/her case.&#13;<br><br>A Los Angeles disability discrimination attorney will be of great help <a href="">employment agency definition</a> in assisting you in your legal battles especially if you are under the state of California. &#13;[[/html]] - Comments: 0

Legal :: Illinois DWI Info - 02 Jan 2017 11:35


[[html]]While you may not know this, Illinois DWI law applies to several kinds of impaired driving, including drunk driving and driving under the influence of drugs (legal or illegal.)<br><br>Odd as this may seem, a great number of people seem to think that just because they have a prescription for a drug that it is OK to drive while under its influence. Such is not the case in Illinois, and you will find this out the hard way if you are pulled over and stop checked, and the officer feels you are driving impaired. In plain English, any drug that impairs your ability to drive is banned under the Illinois DWI law.<br><br><img style="float:left;margin:10px;border:none;" src="" width="337" /><br><br>Illinois also has a statutory blood alcohol (BAC) limit as well as an impaired driving provision. When referring to the stat blood alcohol limit, it is .08 which means if you happen to be stopped for any reason and take a test that says your BAC is at or over .08, you are automatically legally guilty of DWI. This applies even if your driving didn't seem off kilter.<br><br>Having said that however, there is an exception to the rule and that is, even if <a href="">additional resources</a> you have a lower level than .08, if you have ingested anything to drink or have taken any type of drugs <a href="">This Site</a> and your driving is less than stellar, you may be charged with DWI. Of course if the BAC is higher than .08 consider your license gone for 90 days. Once your license is suspended you have a 45-day grace period to fight charges and still continue to drive. On day 46, unless you have contacted a highly skilled DWI attorney, your suspension is a done deal.<br><br>Many DWI attorneys tell their clients to refuse to take the BAC test and call them right away. While this is good advice, if something does happen that messes up the usual process of your lawyer being able to mitigate charges, or get them dropped, you may lose your license for 6 months. If you are subsequently convicted on a first time offense, the law mandates a one-year suspension, so you can see why you would want to speak to an expert DWI attorney as quickly as you can.<br><br><object width="400" height="241"><param name="movie" value=""></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="400" height="241"></embed></object><br><br>The best advice any competent Illinois DWI lawyer can give you if you drink and drive in Illinois and are stopped, is to call an attorney immediately and do not speak to anyone until your attorney arrives.<br><br>&#13;[[/html]] - Comments: 0

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License