THIS UGLY BEAUTY BUSINESS, LLC
WESLEY CHAPEL, FLORIDA

The ADA is a collection of laws designed to eliminate discrimination against individuals with disabilities, provide enforceable standards for addressing discrimination against individuals with disabilities, to involve the federal government in enforcing the standards established by the Act on behalf of people with disabilities, and to invoke congressional authority (including power to enforce the 14th amendment and regulate commerce) in order to address the major areas of discrimination faced by people with disabilities. A qualified individual is one who possesses the requisite training, licenses/certificates, and capability to perform a job. If an employee/applicant can’t meet a qualification standard because of a disability, the ADA requires the employer demonstrate the importance of the standard by showing that it’s “job-related and consistent with business necessity.” If the employer can’t demonstrate that, they generally cannot use the standard to take any adverse actions against disabled individuals. The ADA requires employers provide “reasonable accommodation” to enable disabled individuals to meet a qualification standard that is job-related and consistent with business necessity. When employers discriminate against an individual with a disability, the EEOC may fight the employer in defense of the individual whose rights have been violated. A reasonable accommodation is any change in the work environment or work process that allows a disabled applicant/employee to perform the job function and enjoy equal employment opportunities. Employers never have to provide accommodations that would cause undue hardship (significant difficulty or expense), which includes removing an essential function of the job. Regis gets sued a lot, which isn’t surprising since it’s such a massive company. In this instance, we’re discussing Additionally, Jacquez reported that when she requested two months off from work to undergo medical treatment, the company failed to provide her with the necessary FMLA paperwork to facilitate that leave, and instead fired her. Jacquez was fired not because she was unqualified to do her job, but because the manager, for some unknown (but probably petty) reason, decided to stop reasonably accommodating her disability and refused to meet their obligations under the FMLA. Providing accommodation for Jacquez would not have impeded or impaired the business in any way. It would have cost them absolutely nothing. be faulted if they failed to properly train the manager or provide her with the information necessary to make informed judgments regarding medical leave or reasonable accommodation. Since I’ve worked in Regis-owned salons, I find that impossible to believe, as Regis provides adequate management training and If you view the EEOC’s Newsroom posts, you’ll find that employers–not the employees–are held responsible for discrimination and other abuses. Training your employees is absolutely critical. Zero-tolerance company rules against discrimination and abusive behavior should be spelled out in your employee handbooks. . In March 2012, stylist Chiquita Cheek requested an accommodation because of her scoliosis. Specifically, she asked for a mat to stand on, to help alleviate the pain in her back. The employer allegedly refused to grant the accommodation. Cheek complained that she was being discriminated against and claimed she was immediately terminated after making the complaint. I frequently receive complaints from stylists in similar positions, who complain that their salon owners refuse to provide floor mats. Salon owners, stop this bullshit. You know what a floor mat would have cost Jamison Shaw? Anywhere from $30-50. Instead, they’re paying $27,500 for not fulfilling a disabled employee’s entirely reasonable, common sense request, plus legal fees for a lawsuit they could easily have avoided. I have always advised salon owners to urge employees embroiled in violent relationships to immediately seek help and to suspend/terminate them if their situation rapidly escalates and becomes a clear, imminent threat–not because I believe victims of domestic violence deserve to be punished, but because I feel the employer is obligated to protect the employees and clients in those extreme cases. actually doing anything This Ugly Beauty Business is your resource for beauty industry education, news, and other miscellaneous insanity...because only we can truly understand where you're coming from. Promotional mailings and petitions for product placements will be ignored. Space on this site isn’t for sale, nor is my endorsement. "Who do I contact for legal help?" Yes, salon owners, you heard me right. Find the most aggressive attorney who works to protect and defend workers, then hire them to help you structure or correct your business. Whatever you do, don’t think to contact me for legal advice (I’m not an attorney and therefore not qualified to provide it). I’m happy to send you any legal (links to statutes, case law, etc.) that may help your attorney, and I’m happy to consult with your attorney to answer any industry-specific questions and help them gain some insight into weird customary beauty industry business practices, but I’m not a cheap attorney substitute. Got it? Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner (Tina Alberino) is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Tina Alberino and This Ugly Beauty Business with appropriate and specific direction to the original content.