If you believe you lost a job because of medical discrimination in a workplace, call us at 888-762-0297 to discuss your case.
We do not charge for consultations.
We represent clients in Los Angeles and the state of California.
Medical discrimination laws
The California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) prohibit medical discrimination in the workplace. In addition, these medical discrimination laws require employers to provide employees with reasonable accommodations for medical conditions and disabilities.
Examples of medical discrimination in the workplace
Medical discrimination occurs where an employer unlawfully treats an employee differently from other employees based on an actual or perceived medical condition. This can include refusing to hire or promote an employee, firing an employee, compensating an employee differently than other employees, and harassment.
In California, while employers can't discriminate, they can refuse to hire or give an employee some responsibility if a medical condition would make doing that job unsafe for the employee or others.
Can you sue for medical discrimination in California?
Yes. If your employer is covered by FEHA or the ADA and has discriminated against you based on an actual or perceived medical condition, you may be able to sue.
FEHA's anti-discrimination provisions apply to employers with five or more employees, and the ADA covers those with fifteen or more employees.
The ADA defines a medical condition as a physical or mental impairment that substantially limits one or more essential life activities. FEHA uses a similar, although slightly less restrictive, definition of a medical condition.
It's essential to consult with a medical discrimination lawyer to see if your claim meets these and other California requirements.
What to do if you are a victim of medical discrimination
If you experienced medical discrimination, one option is to file an official complaint with the California Department of Fair Employment and Housing (DFEH) and the federal Equal Employment Opportunity Commission (EEOC).
If you don't want to wait for one of those agencies to conduct an investigation, you may be able to get a right-to-sue notice. However, the DFEH recommends this path only with representation by a qualified attorney.