can a women with wine stain that disfigures her face be denied pomotion,if so on what grounds of the law?

Posted by on . 4 comments.

best stain removercleaning suppliesjanitorial suppliesremoving stains


Business refused to pomote woman, she sued under the Americans with Disabilities Act. This act cannot be used. The reason being, that her disability doesn’t fall under the guide lines for the ADA. Can you tell me, under what law can she sue, if any? Maybe in the category of the EEOC. Need help!

Facebook comments:

Comments

  1. oohhbother says:
    August 28, 2009 at 7:43 pm

    Sorry, no right to sue over this. EEOC does not provide protection due to issues of appearance. It’s protections have been a bit weakened in recent times.
    There may be local ordinances that prohibit such.

  2. w00hahaha says:
    August 28, 2009 at 7:43 pm

    i don’t know what law in particular, but it is illegal to discriminate based on this. if she retains a good lawyer then they’ll know how to proceed. basically, it’s workplace discrimination. it’s obviously not a disability though.

  3. Battlerattle06 says:
    August 28, 2009 at 7:43 pm

    If she can for a fact, prove that she was denied the promotion on those grounds, it would fall under discrimination. I would suggest a good lawyer.

  4. rosemary_gaines2000 says:
    August 28, 2009 at 7:43 pm

    mployment
    Discrimination
    T A B L E O F C O N T E N T S
    INTRODUCTION…………………………………………………………………………1
    THE CIVIL RIGHTS ACT OF 1964 ………………………………………………….2
    A. Who Is A Covered Employer Under Title VII? ……………………….2
    B. Title VII’S Protected Classes ………………………………………………2
    1. Race And Color……………………………………………………………..2
    2. Sex………………………………………………………………………………3
    3. Religion……………………………………………………………………….4
    4. National Origin…………………………………………………………….5
    C. Intentional Discrimination — Disparate Treatment……………5
    1. Direct Evidence Of Intentional Discrimination —
    Mixed-Motive Cases ……………………………………………………..6
    2. The BFOQ Defense……………………………………………………….6
    3. Indirect Evidence Of Discrimination ……………………………..7
    D. Unintentional Discrimination — Disparate Impact…………….8
    EXECUTIVE ORDER 11246…………………………………………………………..9
    CIVIL RIGHTS ACT OF 1871 …………………………………………………………9
    A. Section 1981……………………………………………………………………..9
    B. Section 1983……………………………………………………………………10
    AGE DISCRIMINATION IN EMPLOYMENT ACT……………………………11
    A. Indirect Evidence Of Discrimination…………………………………11
    B. Reductions In Force …………………………………………………………12
    C. Early Retirement Plans…………………………………………………….12
    D. Release Of ADEA Claims ………………………………………………….13
    DISABILITY DISCRIMINATION…………………………………………………..14
    A. The Protected Class …………………………………………………………15
    B. Accommodation Duty……………………………………………………….15
    IMMIGRATION REFORM AND CONTROL ACT …………………………….16
    RIGHTS ARISING FROM MILITARY SERVICE………………………………17
    EMPLOYMENT
    DISCRIMINATION
    ©2004 Fisher & Phillips LLP
    A. Vietnam Era Veterans’ Readjustment Assistance Act………………17
    B. Uniformed Services Employment And Re-employment
    Rights Act ……………………………………………………………………….18
    1. Reinstatement Obligation …………………………………………..18
    2. Service-Related Disabilities ………………………………………..19
    3. Protection Against Discrimination ………………………………19
    RETALIATION AND WHISTLEBLOWER PROTECTION………………….20
    A. “Participation” Discrimination ………………………………………..20
    B. “Opposition” Discrimination……………………………………………21
    STATE AND LOCAL EMPLOYMENT DISCRIMINATION LAWS……….21
    PREVENTIVE MEASURES ………………………………………………………….22
    A. Performance Evaluations …………………………………………………22
    B. Supervisor Training…………………………………………………………23
    C. Procedure for Handling Complaints ………………………………….23
    D. Employment Policies ……………………………………………………….23
    E. Hiring and Firing …………………………………………………………….24
    F. Arbitration ………………………………………………………………………25
    CONCLUSION …………………………………………………………………………..25
    This booklet should not be construed as legal advice or legal
    opinion on any specific facts or circumstances. You are urged
    to consult competent counsel concerning your particular situation
    and any specific legal questions you may have. Employers
    are specifically encouraged to consult an attorney to determine
    whether they are subject to unique state requirements that
    extend beyond the scope of this booklet.
    ore than three decades ago, Congress began expanding
    statutes designed to protect employees from discrimination
    based on unfounded stereotypes, broad generalizations,
    and sexual or racial bias. These laws prohibit
    employers from considering certain factors when making
    employment decisions, such as hiring, promotion, demotion,
    or firing of individuals. Chief among such laws is
    Title VII of the Civil Rights Act of 1964 (Title VII) which
    protects individuals from discrimination on the basis of
    race, color, national origin, sex, and religion.
    A few years after passing Title VII, Congress added
    a n o t h e r p r o t e c t e d c l a s s b y p a s s i n g t h e Age
    Discrimination in Employment Act (ADEA) which prohibits
    discrimination in employment against individuals
    who are at least 40 years old. More recent laws also protect
    other categories of individuals, such as those with
    certain disabilities, who are protected by the Americans
    with Disabilities Act (ADA).
    While all this legislation has certainly benefitted
    racial and ethnic minorities, women, disabled employees,
    and others, the sheer volume and complexity of these
    laws has made it challenging for even the most wellintentioned
    employer to comply. Because of the potential
    for large legal liability, all employers should have at least a
    basic understanding of the major provisions of federal
    employment discrimination laws and how they have generally
    been interpreted by the courts.
    This booklet — outlining key provisions of the major
    discrimination statutes — is intended to provide busy
    executives and human resource professionals preliminary
    information on the subject of employment discrimination.
    Although not intended as a substitute for legal
    advice, this booklet provides practical assistance interpreting,
    recognizing, and resolving claims of employment
    discrimination. Keep in mind that the scope of this booklet
    is limited to federal laws. Various employment and
    labor laws of some of the states will be covered in future
    booklets in this series.
    M
    1

Leave a Reply