Medical/Disability Discrimination

An employee who suffers an adverse action, on account of his or her protected status, is a victim of discrimination. For example, a worker denied a promotion because of his medical condition or disability, is a victim of unlawful discrimination. Similarly, a disabled employee who earns less than others for doing the same job, is also a victim of discrimination.

Generally speaking, you cannot be fired for a medical condition. An employer also cannot pay an employee less because of one’s disability or restrict any conditions or privileges of their job.

Despite this general rule, an employer is permitted to terminate an individual’s employment if they cannot perform their essential functions or fundamental duties of their job, even with a reasonable accommodation. That being said, employers are to consider all possible options, even including changing how a job is to be performed or reassigning the employee to another vacant job.

Yes, you can sue your employer if you experienced disability discrimination because of your medical condition. This right is also extended to those applying for a job. However, it does not apply to independent contractors. Before doing so the employee or applicant must make sure they are able to show that they suffered an adverse employment action because of their disability.

Employees and job applicants can sue whether the discriminatory act came directly from the employer, its agent, or even supervisors/managers, as long as the discriminatory actions were within the scope of their employment. While a coworker can be held personally liable for any harassment against another employee, in most instances the employee could not sue their employer for the discriminatory behavior of their coworker.

An individual must exhaust all administrative remedies before filing a lawsuit in court.

In California, most aggrieved employees will begin by filing a complaint with the state’s Civil Rights Department (CRD). CRD is an agency in California designated with enforcing California’s civil rights laws such as the FEHA.

Most civil cases settle before going to trial. Sometimes cases will settle even before a lawsuit is filed, or settle
at some point during the course of litigation. Thus, the vast majority of discrimination lawsuits are settled
without having to go to trial.

The Family and Medical Leave Act (FMLA) entitles eligible employees to unpaid leave for certain medical reasons. Employers are prohibited from discriminating against employees for exercising or attempting to exercise their FMLA rights. Discriminatory behavior may be found if the employer takes steps to interfere or prevent an employee from taking FMLA or pressures an employee not to take their leave. Medical discrimination also occurs if an employer takes any adverse employment action against the employee in connection with their use of leave under the FMLA.

Generally, California covers employees with physical disabilities, mental disabilities, medical conditions, and genetic conditions. For a physical disability to qualify there must be a physical impairment (e.g., anatomical loss, cosmetic disfigurement, etc.) that affects a major bodily system (e.g., musculoskeletal, cardiovascular, etc.) and results in the limitation or difficulty of a major life activity. A major life activity can be anything from basic life functions to working and enjoying social activities.

Medical conditions qualify under California law as any disease or health defect that currently causes or may lead to a higher risk of health problems. Similar to physical disabilities, mental disabilities are any psychological (e.g., schizophrenia) or mental (e.g., autism) condition that limits or makes difficult a major life activity.

In addition to the above, employees are covered under California law even if the employer discriminated against an employee because of a perceived disability that did not exist.

It is impossible to calculate the odds of winning a discrimination case, because each case is different. It is
difficult to predict the end result at the beginning of a case. The best course of action is to talk with an
experienced attorney about your particular circumstances.

If you successfully win a medical discrimination case in California, there is no limitation on the amount an employee can recover under state law. While there are several types of compensation one may receive, here are some examples: (1) back pay, (2) bonus payments, (3) higher income from a raise or promotion, (4) pension benefits, (5) pain and suffering, (6) emotional distress, (7) attorney’s fees, and (8) court costs. In addition to compensation, a court may be able to require an employer to hire an employee or provide reasonable accommodation.

The statue of limitations for bringing a medical discrimination claim under California law is three years. Under federal law an employee has 180 days from the date of the medical discrimination to file a claim.

While some law firms charge a fee upfront, JLG only charges a contingency fee – meaning we won’t get paid, unless you get paid. Schedule a free call with one of our legal experts now and find out how we can help you.