The relationships between employers and their employees is not all the times smooth, various employment situations that may include conflicts, questions, grievances, or lawsuits are bound to arise. As a result of such situations Title VII of the Civil Rights Act of 1964 was enacted, an act that incorporated other various federal employment laws such Pregnancy Discrimination Act, Americans with Disabilities Act, Age Discrimination and Employment Act to address such situations.
[Civil Rights Act of 1964] Situations I I have been working as permanent employee in a multinational garment factory situated in California for two years; the factory which is owned by an Asian tycoon employs thousands of poor Californians. I am asthmatic and therefore dust allergic, this situation makes me experience countless health problems that demands that I be assigned tasks that does not expose me to a lot of dust.
However, this has occasioned numerous conflicts between me and my employer, I have on many occasions requested to be given reasonable accommodation such assigned tasks and areas that are not dust emitting but my employer can not take any of my requests, instead I was issued with an employment termination letter on grounds that I was inconveniencing the smooth running of the companies activities by being unable to perform my duties and making unreasonable demands.
As a result I consulted the local U. S Equal Employment Opportunities Commission (EEOC) branch; EEOC instituted following the enactment of the Civil Rights Act of 1964, is a body that investigates, mediates and even file lawsuits on behalf of employees. [Title VII of Civil Rights Act of 1964] The ensuing court battle resulted into the court ruling that I be provided with reasonable accommodation, i. e. assigned to areas that did not expose me to dust.
Based on the Americans with Disabilities Act of 1990 that prohibits employers whether private, state or local governments, employment agencies and labor unions and who employs more than 15 employees for more than 19 months in the current or preceding calendar year from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancements, compensation, job training, and other terms, conditions, and privileges of employment, the case was ruled in my favor.
According to the act persons with disabilities may have one or all the following characteristics; have a physical or mental impairment that substantially limits one or more major life activities; have records of such impairments; or regarded as having such impairment. According to the Act a qualified employee or applicant with a disability is therefore a person who, with or without reasonable accommodation, can perform the essential functions of the job in question.
The Act provided that I be given a reasonable accommodation that should have included the restructuring, modifying or reassignment to dust free or even vacant positions. However, under the same Act employers are not tied to providing reasonable accommodation if by doing so they will cause undue hardship to their businesses. [Federal Labor Laws, 1964]