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.”
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 a "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
Brock & Gonzales, LLP specializes in medical condition discrimination cases. If you feel you have been discriminated against on account of your disability or if your employer is not accommodating your disability, contact us to set up a free consultation.