Medical Condition Discrimination and Harassment
The Americans with Disabilities Act and the California Fair Employment and Housing Act both protect an individual against disability discrimination, as well as medical condition discrimination. When an individual has certain types of medical conditions, the employer has an obligation to make reasonable accommodations for the employee so that he or she can perform essential functions of the job.
If you believe you have been the victim of medical condition discrimination or harassment, contact a California medical condition discrimination and harassment attorney at The Nourmand Law Firm right away. We will evaluate your case and aggressively fight for your rights so that you can get the compensation you deserve.
Examples of Medical Condition Discrimination
When you are experiencing any health impairment related to or associated with a diagnosis of cancer, for which you have been rehabilitated or cured based on competent medical evidence or either an identifiable gene or chromosome, or an inherited characteristic, known to cause or increase the statistical risk of a particular disease or disorder and presently not associated with any symptoms of any disease or disorder, i.e., HIV positive.
Ways Employers Can Prevent Medical Condition Discrimination
There are a number of ways an employer can prevent medical condition discrimination. An employer can accommodate for the mental and physical needs of an employee by:
- Altering the work space
- Changing duties
- Allowing the employee to take time off work to receive medical treatment
- Transferring the employee to a different supervisor to reduce stress
- Impose lighter duty restrictions
- Provide more time to do certain tasks
- Allow for longer or fewer deadlines
Recovery from Medical Condition Discrimination and Harassment
In order for an employee to recover damages from medical condition discrimination, the employee must be able to show that:
- His or her medical condition is causing certain physical limitations
- He or she cannot perform essential job functions of the job
- The employer took some type of adverse action such as firing, not hiring or demoting the employee because of their medical condition
The laws protect all employees whose employer does not provide necessary accommodations, unless doing so would cause a severe burden on the employee.
Medical condition discrimination and harassment can take its toll on the quality of your life and is not only unfair to you, but also to your coworkers and colleagues. If you believe you have been discriminated against because of your medical condition, you have the right to file a lawsuit against your employer and receive compensation for the pain and suffering you have endured.
Contact the California medical condition discrimination and harassment lawyers at The Nourmand Law Firm today so that we can evaluate your case and protect your rights throughout the litigation process. Our experienced team will aggressively represent your case in court and help you get the compensation you deserve.