What Is Medical Condition Discrimination?
Medical condition discrimination occurs when an employer treats an employee with a covered medical condition differently in the workplace, or when an employer terminates an employee on account of their medical condition. Covered medical conditions include cancer, history of cancer, medical conditions related to cancer and genetic characteristics.
Usually, medical condition discrimination will occur after the employer finds out about an employee’s medical condition. The employer then creates a false or pretextual reason to punish or terminate the employee. Common false or pretextual reasons for termination are “poor performance,” “layoffs,” or “reduction in force.”
Medical condition discrimination is a serious problem in California and nationwide. If you believe your employer has discriminated against you, contact the employment lawyers at Brock & Gonzales LLP for a free consultation. Reach us by email or by phone: 310-294-9595. We have offices in Los Angeles and Sacramento, and we fight for wronged employees statewide.
Does Your Employer Have A Duty To Accommodate Your Medical Condition?
Yes. California law requires employers to provide its employees disabled by a medical condition with “reasonable accommodation” so that employees can continue to perform the essential functions of their jobs despite their disabilities.
Types of reasonable accommodations an employer could provide is a leave of absence from work so the employee can treat and recover, job restructuring, reassignment to a vacant position, part-time or modified work schedules, and acquisition or modification of equipment or devices. Although your employer has a duty to accommodate your disability, your employer does not have to provide accommodation if doing so would create an “undue hardship” to the company.
What Are You Entitled To Recover In A Medical Condition Discrimination Case?
All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the discriminatory conduct or your employer’s failure to accommodate your medical condition
- Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation, and emotional distress
- Punitive damages to deter your employer from engaging in similar conduct in the future
Contact A California Employment Law Attorney
Brock & Gonzales LLP specializes in medical condition discrimination cases. If you feel you have been discriminated against on the basis of your medical condition or if your employer is not accommodating your disability, call 310-294-9595 or contact us via email to set up a free consultation. Our employment lawyers fight for the rights of employees throughout California.