Medical Condition Discrimination Lawyer – Top Rated Disability Discrimination Lawyer
Under both federal and state laws, it is illegal to discriminate against an employee because of a medical condition. This applies to employment decisions such as hiring, termination, job training, additional benefits, and promotion or demotion. Employees are protected from medical condition discrimination under both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Under the FMLA, employers are required to grant medical leave to an employee under specific medical circumstances. Under the ADA, it is illegal for an employer to discriminate based on disability. However, not all medical conditions are disabilities. This means there are possible circumstances in which certain medical conditions are not protected under the ADA.
Understanding Disability Discrimination
It is important to understand that under California law, employers are required to provide employees who are disabled by their medical condition with reasonable accommodations. This is so that their employees can perform the essential aspects of their job despite a disability that impairs their performance. Some examples of reasonable accommodations that can be requested due to a medical condition include (but are not limited to):
- A medical leave of absence so that you can be treated and recover
- Job restructuring
- Reassigning you to an empty job position
- A modified work schedule
- Attainment of equipment
- A leave of absence to take care of family responsibilities related to immediate family with serious health conditions
However, even though your employer has a legal duty to provide you with reasonable accommodations to accommodate your medical condition, they do not have to provide accommodations if they would disrupt the essential functions of profit of their company. But despite this requirement by law, some employers fail to provide reasonable accommodations and/or ignore requests for accommodations despite an individual’s medical condition. This constitutes medical condition discrimination and your employer could face legal consequences for their lack of action.
Additionally, if you suffer from a medical condition and you were subject to negative employment actions because of your medical condition, this constitutes medical condition discrimination and is illegal. Employment outcomes could be termination or allowing harassment against you by others. But, if your medical condition doesn’t allow you to perform essential job duties even with reasonable accommodation, a negative employment action could be considered legal.
What Damages Are You Entitled to In a Medical Condition Discrimination Case?
As the result of experiencing medical condition discrimination at your workplace, you could be entitled to damages if your case settles or you win your trial. Examples of damages you could be entitled to are:
- Wages lost in the past, present, or future due to the medical condition discrimination you faced
- Monetary compensation for mental suffering including anxiety, humiliation, or emotional distress
- Punitive damages that discourage similar medical condition discrimination in the future
- Litigation costs and lawyer’s fees
Talk to a Medical Condition Discrimination Lawyer Today.
We offer free consultations, and the lawyers at Miracle Mile Law Group are well trained in handling medical condition discrimination in the workplace. Enduring the hardships of having a debilitating medical condition is challenging enough and being faced with discrimination for a medical condition is intolerable. No one should have to endure poor treatment in the workforce because of any medical condition or disability, and our lawyers are determined advocates for individuals impacted by discrimination for any sort of medical condition. If you feel you are facing undue discrimination because your medical and your requests for accommodations are being ignored by your employer, call us at (888) 244-0706 or contact us online for a FREE case evaluation. Remember, we do not take a single dollar unless WE WIN!