Using an employee’s medical condition as motivation to subject him or her to discrimination in the workplace is prohibited under the employment laws on the federal and California levels. This form of workplace bias is known as medical condition discrimination, and it involves an employee or an applicant being mistreated in all aspects of employment on the basis of his or her disability or perceived disability. It also means basing the discriminatory actions on the wrong perceptions of the employee or applicant’s disability or medical condition in relation to his or her capability to perform work.
To begin with, qualified individuals experiencing certain health conditions are still afforded workplace rights the same way other people with no existing conditions do. The protected class of individuals with disabilities is protected under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Yet despite the prevalence of these laws, many of them are still being discriminated against and/or harassed in the workplace because of their health situation.
The two abovementioned laws are similar in a lot of ways, in that they both protect individuals with disabilities from any adverse employment actions from their employers. Indeed, under these laws, employees cannot be denied employment or promotion, demoted, terminated, or subjected to unfair disciplinary actions just because they have a medical condition. Also, when they complain of alleged discrimination or harassment, the laws also provide that covered employers cannot retaliate against them. Unless they pose undue hardship, covered employers are likewise required to provide them with reasonable accommodations, such as workplace alterations, duty changes, work restrictions, and consent to leave work when treatment is required.
But then, these two laws are largely different in many important aspects. One of these differences is on the two laws’ definition of disability. According to the ADA, a “disability” is any physical or mental impairment substantially limiting a person’s one or more major life activities.
These life activities include seeing, hearing, walking, or thinking. Meanwhile, the FEHA provides that “disability” is any impairment that makes performing the major life activity difficult. Indeed, when it comes to determining protections against employees with medical conditions, what may be considered a disability under the FEHA may not be the same under the ADA, and vice versa.
The ADEA insists inclusion of age preferences, limitations, and specifications in job notices or advertisements to be considered as unlawful, while FEHA encompasses broad scope of harassment and discrimination regarding employment with the basis of several aspects including the race, color, religion, gender, sex and other factors but most importantly, the age.
If you have been subjected to employment discrimination or harassment in the workplace because of your health situation, then you may have a reason to establish a medical condition discrimination claim. Whether you have been denied the chance for employment, or have been terminated for exercising your right to take leaves of absence or for requesting reasonable accommodations, you need to be fully represented by a Los Angeles medical discrimination lawyer as soon as possible.
In the event you decide to file a lawsuit against your employer, you can be sure that but hiring the best medical discrimination case attorney, you can have an increased chance of success against your erring employer. The expertise and experience of your legal advocate enables you to go through the complicated legal process, which involve either out-of-court negotiations or court trials.
Regardless of the procedure your lawsuit may undergo, you can be sure that your lawyer has the tools and resources to aggressively and diligently assist you in recovering damages from your employer, which would cover for your lost wages and emotional distress you experienced.