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Here to Help

for the employee, for the injured, for California

What is medical condition discrimination?

Medical condition discrimination is discrimination against a person due to their medical issues, like illnesses or diseases. The United States has two major laws that make it so that anyone living with a disability or major health issue won’t be discriminated against. These two laws include:

  • The Family and Medical Leave Act
  • The Americans with Disabilities Act

Under the ADA, for example, employers are unable to discriminate against disabled individuals during any part of the employment process. This includes during recruitment, testing, job advertisements, hiring, firing or other situations.

With the Family and Medical Leave Act, employees covered by the act need to provide their employees with up to 12 unpaid workweeks of leave within a 12-month period for reasons such as needing to take care of a medical condition or to take care of a loved one with a serious health condition.

When does medical condition discrimination usually happen?

Medical condition discrimination tends to happen when an employer finds out about an employee’s medical condition. This may be after they’re hired and have worked for the company for some time.

The employer may then find reasons to penalize the employee, even though they don’t deserve it. In some cases, the employee could even be wrongfully terminated.

What kinds of conditions are covered in California?

Certain conditions help people qualify for protections against discrimination. Those include:

  • A history of cancer
  • Medical conditions related to cancer
  • Genetic characteristics
  • Cancer

California law requires employers to provide employees with reasonable accommodations. This may include:

  • Job restructuring
  • Part-time or modified scheduling
  • Reassignment to another vacant position
  • Purchasing new devices to help make the work day easier
  • Modifying tools to help the individual who needs an accommodation

If your employer fails to provide accommodations and discriminates against you, you may have a case.

What kinds of compensation can you get after medical condition discrimination occurs?

After a case of medical discrimination, you can ask for monetary compensation for mental suffering as well as punitive damages. If you lost your job, you may be able to ask for compensation for lost wages or lost future wages as a result of the employer’s actions.