People who have the right skill, experience and other qualifications to do a job should be given a fair opportunity for employment without regard to their medical status. If you have a medical condition, as long as the condition does not substantially prevent you from producing results, the exact nature of your condition should not and cannot be held against you.
The Fair Employment and Housing Act (“FEHA”) prohibits discrimination against individuals who have a physical disability, mental disability, or medical condition. Common medical conditions include cancer, other health impairments related to cancer or a history of cancer, or any characteristics that are known to cause or increase the risks of developing a disease or disorder.
Most employers understand and respect the privacy rights of potential job candidates and continue to recognize those rights once they have been hired. However, some employers are prejudiced against people they consider as having a medical condition, and a few of these employers are prejudiced against specific kinds of medical conditions.
If you have been denied a job, denied a promotion in a company, or terminated from employment because of your medical condition, you may have grounds to sue your employer who took these wrongful actions against you. Medical condition discrimination is against the law, and working with a California employment discrimination lawyer is imperative to obtaining justice.
You should not make a move against your employer until you have consulted with a knowledgeable employment discrimination attorney and devised a legal strategy. The company you are suing will likely fight back hard. They will do everything in their power to discredit your claim and defeat your lawsuit. The best employment discrimination lawyers will know how to develop a strong case so that you get the justice and compensation you deserve.
The answer is no. According to the Americans with Disabilities Act (“ADA”), you cannot be denied a job opportunity based solely on the fact that you have a medical condition or a physical or mental disability. Additionally, California’s Fair Employment and Housing Act (“FEHA”) makes it illegal to discriminate against a person because of his/her medical condition in any aspect of work. You cannot be refused employment, nor can you be compelled to accept less in compensation or benefits because of your medical condition. You cannot be demoted, harassed, or assigned different duties because of your condition.
Employers also cannot make hiring, promotion, and firing decisions based on a presumption that a employee has some medical condition. For example, an employer is told that a job candidate is HIV positive but it turns out that this is not the case. If the employer did not hire the candidate based on what they heard about their medical status, that employer is subject to a medical condition discrimination lawsuit.
Many medical conditions are protected by the state of California. Cancer, genetic conditions, inherited traits, heart disease, bipolar disorders, clinical depression, schizophrenia, OCD, anxiety disorder, dementia, and many other illnesses and disabilities are covered by ADA and FEHA. As an employee, you cannot be denied a fair and equal chance to earn a living based on any medical condition.
You may have some trepidation about contacting a lawyer due to the high costs associated with employment discrimination lawsuits. At West Coast Employment Lawyers, we work on a contingency fee basis, which means that you don’t pay anything until we win your case. There are no attorney fees if there is no recovery.
It can be challenging to prove medical condition discrimination in the workplace. But our qualified employment attorneys will help you build a strong case. It is important to preserve all pertinent evidence such as emails, voice messages, and text messages that may contain language demonstrating your employer’s discriminatory intent. Reviewing all evidence can provide insight into the formal and informal policy of the company with regards to hiring, promoting, and firing people with medical conditions.
If you or someone you know has been the victim of medical condition discrimination in the workplace, contact a medical condition discrimination lawyer at West Coast Employment Lawyers as soon as possible. We are available 24/7 for a free case evaluation. Call 1-800-247-9235 or email [email protected].
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