Other points to consider when filing an EEOC claim or charge:

Be clear and concise when describing he alleged discriminatory events and acts. 
Attach any documents required to prove your complaint.
Provide witness information if at all possible.
You can stay anonymous by not feeling your name in the complaint, but this is not recommended and may result in your charge being denied.

 

Post charge procedures:

Once your charge has been filed, the EEOC will begin the investigation process with the information which you have provided. They will contact the parties listed in the charge, analyze any documents and materials as well as gather information from third parties to investigate your charge.
During the investigation, your employer is prohibited from taking any action against you. This could be considered retaliation for filing the charge, and may result i additional charges and penalties.

 

Resolving your charge:

In some instances, where the EEOC finds merit to the charges, they may attempt to mediate with all parties in order to reach an mutually agreed settlement.
In other cases, the EEOC may find for the charging party, and allow you to pursue your claim in court, or pursue the matter for you.
If they do not find that the facts warrant a finding of discrimination, they will then inform you of their decision & will issue you a “right to sue” letter.  You will then have 90 days to file a lawsuit in Federal Court.

 

Ultimately, Federal and State discrimination laws are somewhat complex, and it would probably be in your best interest to contact an attorney who is experienced in these matters. 

Not paying Workmen’s Compensation Insurance.
Hiring Illegal Aliens, allowing forged SS numbers.
Having Workers Show Up, but not paying them until the carwash gets busy (standby status).
Deducting Workers Comp, paying cash under the table, and pocketing the money deduction money.
Failure to Meet OSHA Rules.
Not Paying Dryers at All; workers work for tips only.

There are many more extremely common violations, these are only a few. Meanwhile, the Steel Workers Unions are busy helping carwash employees unionize, and lobbying for the state to crack down more heavily on violations.

Personally, I’ve been extremely vocal on the sorts of violations that the car wash industry has committed over the years with regards to employees. Although these measures are being taken in CA, there are many violations in many more states that I’ve seen, some quite serious. In Texas, New Jersey, Georgia, New Mexico, Colorado, and Florida, well, these states should be next for government enforcement.

Needless to say, if you see a violation at your local car wash, do not be surprised if you read about them in the newspapers soon. The authorities are onto these folks and there are some pretty unscrupulous players in the industry. I’d say it’s about 80/20, that is to say 80 legitimate operators and 20 nightmares. Think on this.

Job Aptitude Exams and Discrimination

On the surface, the idea of testing potential job applicants to determine suitability for a certain job seems reasonable, even advisable. By requiring applicants to take standardized exams, an employer could, theoretically, identify differences in aptitude, ability, and education between different prospective employees in a manner which is both time- and cost-effective. Alternatively, so-called “personality tests” may be able to gauge the mental fitness of a potential hire, predict how well he or she could deal with job stress, or determine how well he or she would fit in with the existing staff.

The issue, however, is not so simple. The problem with using a standardized method of evaluating job applicants is that such techniques often run afoul of federal and state equal opportunity laws.

Intent, Result, and Compliance

Many statutes relating to workplace discrimination are primarily concerned with the effects of a company policy more than its intent. In other words, an employment test could be ruled discriminatory and illegal even if the employer had no such intent when designing the exam, and only wanted to measure the skills of prospective employees.

For example, while it would seem innocuous for an employer to institute intelligence tests as part of its standard interview procedures, such a practice may, in reality, constitute unlawful discrimination against certain cultural or ethnic groups who may have reduced access to educational opportunities.

Is employment testing illegal, then? Not exactly. In order to legally use examinations as part of its hiring criteria, an employer must be able to demonstrate two things:

- First, that the skills or attributes being tested (whether they be in mathematics or mental stability) are reasonably necessary to the performance of the job. It may be justified, for example, to argue that a candidate for a police officer should undergo personality testing to ensure that he or she can handle the stresses and authority of his or her position.

- Second, that the results of the test can be shown to correlate with actual job performance, i.e., that the test is actually an effective tool for improving the quality of employees.

Advantages

Pre-employment tests provide employers with a number of advantages. Some such perks, include:

• Employers can identify positive traits within candidates, such as integrity, competence, motivation, and reliability

• Employers can identify negative traits within candidates, such as substance dependency and inclinations toward theft

• Provides further insight into candidates

• Can help determine differences between candidates who seemed equal after evaluating their resumes and undergoing an interview.

Disadvantages

Unfortunately, pre-employment testing is also disadvantageous for many employers. Some drawbacks include:

• Test results are only one factor of the hiring process. Employers should base their decision on other factors, such as their experience, qualifications, and interview.

• All tests administered by employers must be certified for validity and reliability

• Test results are not necessarily indicative of applicants’ ability to perform their job. Instead, tests focus on applicants’ potential.

• Testing conditions must be fair and consistent for every candidate

• Testing may eliminate some candidates who are highly qualified, but do not perform well on tests

• Applicants may react poorly to the test. Additionally, if they believe the test was discriminatory, they can legally challenge the test.

Discrimination

When writing tests, employers must be aware of the laws pertaining to employment testing. Any questions which require applicants to divulge something about themselves that could result in discrimination is illegal. For example, employers cannot ask about an applicant’s:

• Age-Some employers discriminate against older applicants because they assume that the older they are, the more pay they will request.

• Race/Ethnicity-Race and ethnicity are irrelevant factors when applying for a job. This law protects minorities from discrimination.

• Disability status-Some employers will discriminate against persons with disabilities, even if they will not impede the applicant’s job performance. The Americans with Disabilities Act prohibits employers from asking questions pertaining to an applicant’s disability status.

• Sexual preference-Because sexual preference is private and irrelevant to one’s job performance, employers are prohibited from inquiring. This law protects members of the LGBT community who might otherwise be discriminated against.

They are aimed at protecting and safeguarding the rights of persons with disability. That is why the government has passed several laws to strengthen its advocacy on disability. Some of these federal laws include:

o Americans Disabilities Act

o Telecommunications Act

o Air Carrier Access Act

o Voting Accessibility for Elderly and Handicapped Act

o National Voters Registration Act

o Civil Rights of Institutionalized People Act

o Rehabilitation Act

o Architectural Barriers Act

o Individuals With Disabilities Education Act

On the other hand, State Laws & Regulations include:

o Unruh Civil Rights Act

o California Civil Code Sections 54 through 55.2

o Title 24 California Building & Standards Code (Physical Access Regulations)

o California Government Code Section 11135-11138

o Fair Employment and Housing Act

How Does the Law Define Disability?

Under the Americans with Disabilities Act (ADA), a person is deemed disabled if he is any of the following:

1. who is physically or mentally impaired that substantially limits one or more of his/her major life activities

2. who has a record of such impairment

3. who is being regarded as having such an impairment

Employment Disability

In Los Angeles alone, about 874,315 people have employment disability.

Employment disability exists when a qualified employee or applicant, with or without reasonable accommodation, cannot carry out the essential functions of a particular job.

Reasonable accommodation includes, but is not limited to, the following:

o Accessibility to and usage by persons with disabilities of the existing facilities utilized by employees;

o Job reorganization, varying work schedules, relocation to a vacant position;

o Modification or adjustment of equipment or devices, alteration or modification of examinations, training modules, or guidelines, and providing qualified readers or interpreters.

An employer is compelled to create a “reasonable accommodation” to a recognized disability of a qualified applicant or employee if it will not cause an “undue hardship” on the operation of the employer’s industry.

Undue hardship is defined under the law as “an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.”

In the case of Wysinger v. Automobile Club of Southern California, the California Court of Appeal (Second Appellate District) delivered a blow to management in its defense against Fair Employment and Housing Act (FEHA) claims brought by disabled employees when the court found that:

“the interactive process and providing reasonable accommodations are separate requirements in disability discrimination claims, and thus constitute separate causes of action with separate burdens of proof.”

California Disability Discrimination Law – Employees Must Show They Can Do the Job

Under the California Fair Employment & Housing Act (FEHA), it states that California employers do not have to hire or continue to employ “disabled” individuals who cannot perform “essential job functions” even with “reasonable accommodation.”

Disability Law on Children

The Individuals with Disabilities Education Act (IDEA) is originally enacted by Congress in 1975 to ensure that children with disabilities had the equal opportunity to receive a free appropriate public education, just like other children.

Also, IDEA administers how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

The above laws only prove that the government id sincere in protecting the rights of disabled persons. It is a way of acknowledging their past and future contributions as valuable members of the society.

If you have more questions to ask regarding Social Security Laws, do not hesitate to visit our website and seek help from our expert Los Angeles attorneys.