Medical Condition Discrimination

Medical condition discrimination occurs when a person is treated unfavorably because of his or her physical or mental disability. Under both federal and California state law, it is illegal for employers to discriminate based on a number of different individual characteristics including mental or physical disability. Despite both federal and state law, disability discrimination remains a problem in the workplace. Mental disability discrimination takes on a number of forms. In some cases employers refuse to hire qualified candidates or refuse to promote qualified employees for no other reason than their disability. In other cases, the disabled employee is routinely harassed. Employers who discriminate based on the disability of an employee or job applicant may be ordered to pay victims compensations including lost wages and punitive damages. If you have been discriminated against in the workplace based on your medical condition and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Medical Condition Discrimination Lawyer who will review your claim and explain the process for making sure the person is held accountable for violating the law.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940 is one of the country’s strongest state laws designed to protect employees against workplace discrimination and harassment. Under FEHA, it is against the law to discriminate against employees based on disability as long as the employee is able to perform the essential duties of his or her job. FEHA, however, does not apply to every workplace. It applies only to employers who have at least 5 employees. FEHA is enforced by California's Department of Fair Employment and Housing.

The federal Americans with Disabilities Act (ADA) makes it illegal for private employers as well as governmental employers and labor unions to discriminate against an employee based on his or her physical or mental impairment as long as the person is able to perform his or her job. In addition, the ADA requires that employers make reasonable accommodations for employees with disabilities.

There are a number of actions by a employer that if done in a discriminatory manner would be a violation of law including failure to hire, termination, denial of training, failure to promote, work assignments, pay cuts, demotions, work environment, and harassment.

In addition, it is against the law to ask an applicant questions to determine if the applicant has a disability. For example, while it is legal to ask an applicant if he or she is able to perform the job functions, it is illegal to ask if the applicant medical questions such as if he or she is taking prescription medications or if he or she has ever been hospitalized.

In Jeanette A. Ybarra v. Dacor Holdings Inc., Ms. Ybarra sued her former employee based for disability discrimination due to her congenital kidney disease that caused her to miss work and to require accommodation at work, and other claims. Ms. Ybarra’s supervisor began taking job duties away from her and she was ultimately fired. The case went to trial and the jury returned a verdict in favor of Ybarra, awarding her $615,236.

If you believe that you are the victim of discrimination based on your medical condition, you have the right to bring a claim against your employer under state or federal law. You may be entitled to several different types of compensation. For example, as a result if the discrimination, you were wrongfully terminated or constructively discharged, the court may award you back pay including overtime, commissions, merit increase, cost-of-living increases, and tip as well as lost vacation pay, retirement benefits, and health care benefits. You may also be entitled to punitive damages. Punitive damages are awarded in cases where the court finds that the defendant was particularly malicious in his or her discriminatory, harassing or retaliatory actions.

If you believe that you have been discriminated against in the workplace based on your medical condition it is critical that you discuss the specifics of your case with an experienced employment lawyer. Not only may the discriminating party face serious consequences, you may be entitled to compensation such as back pay and punitive damages. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.