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Hiring Disabled Workers? Why Not?

July 14, 2007

It is a common employment practice to hire only highly-qualified and competent workers for a job position. Most employers base the qualifications of job applicants on their educational attainment, employment records and other special skills listed on their respective resumés. But, it is sad to say that in most incidents when the employers have discovered that the applicants have disabilities, the employers will opt not to employ that person although they meet the requirements for the jobs and are very much capable in performing the tasks. This is also happening to those who are already working in the company who, after being proven to have mental or physical disorders, are terminated from their post without further arguments. This stigma and misconceptions surrounding disabled individuals are indeed baseless and are treated by the law as a violation of the labor code.  

The statutes regarding employment disability are clearly declared under the California’s Fair Employment and Housing Act (FEHA) and in connection with the Federal Americans with Disabilities Act (ADA). These laws safeguard the rights of the qualified individuals with disabilities from being set aside in the employment arena. These physically challenged people who are capable of being productive in their jobs must be liberated from their employer’s discriminative acts on the sole basis of being disabled as the said laws affirmed. Furthermore, the employers should exercise some necessary adjustments for their disabled workers in order for them to perform their duties and functions well.

On the other hand, the California law applies a different standard in determining whether a worker is disabled. Thus, it recognizes more mental and physical ailments to be classified as disabilities than the Federal law. Therefore, a wider range of disabilities are being entitled for protection against employer discrimination. Due to this, the California courts now allow those less severe impairments with even limited duration to qualify as disabilities.

The laws will never tolerate such illegal acts of the employers who oppress their employees just because they happen to have disability. In case that the employees have felt that their rights under these laws have been violated by their employers, they should immediately file a lawsuit to teach their employers a lesson. Also, they may acquire some monetary damages from it if they have proven the guilt of their employers. But in pursuing a case in court, they may necessitate the legal services of a labor lawyer to help them in upholding their rights. An expert legal counsel who is very much equipped with the knowledge of the laws regarding employment and the needed skills in going through the court proceedings will definitely put the plaintiffs at the edge of their legal battle.

Finally, for the employers not to face the consequences set by the laws, they should consider giving equal treatment to their workers regardless of their disabilities. They should also make sure that their employees’ rights under the law would be respected at all times.

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