In 2022, we have seen our nation make great strides in gender and racial discrimination policies and more inclusion in various spaces.
Although medical discrimination is also very prevalent, it does not get much attention.
Yet just last year, in 2021, there was a huge $125 million verdict against Walmart in a disability discrimination case against the retail corporation.
Both the federal government and individual states provide protections for employees that become victims of medical discrimination.
All this probably makes you wonder: Can you sue for medical discrimination in California?
The answer is yes. Employees dealing with medical discrimination are realistically afforded the same protections as victims of gender or racial discrimination.
Discrimination based on medical condition is not only unethical but it is unlawful.
Luckily, the state of California has medical discrimination laws that act as a safeguard against medical condition discrimination.
California Fair Employment and Housing Act (FEHA)
Under the California Fair Employment and Housing Act (FEHA), it is generally unlawful for an employer, on the basis of physical disability, mental disability, or a medical condition, to:
- Refuse to hire someone,
- Fire someone,
- Prevent someone from participating in an employment training program,
- Pay someone less than other employees, or
- Discriminate against someone in the terms, conditions, or privileges of employment.
If you are wondering if your medical condition or disability is covered under FEHA, consider speaking to an experienced medical discrimination attorney.
Can I Lose My Job Based on a Medical Condition?
FEHA contains a crucial exception.
It does not prohibit an employer from firing or refusing to hire an employee with a medical condition or disability that makes the employee unable to perform their essential job duties, even with reasonable accommodations.
The term “essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires and does not include the marginal functions of the position.
This means that if your condition prevents you from performing the position’s normal duties you may not be protected under FEHA.
However, your employer must provide reasonable accommodations that will allow you to do your job.
Reasonable accommodations include things like providing accessible facilities, adjusting your work schedule, or providing special or modified equipment.
We Can Assist You
If you have any questions on filing a claim for medical discrimination against your employer or interpreting California’s medical discrimination laws contact our medical discrimination attorneys.
Our lead attorney, Joseph Farzam, is an experienced trial attorney who has been serving clients for over 20 years.
There is no need to worry if you will have a competent attorney that will fight for your equal right to be employed without facing discrimination from your employer.
Our firm is equipped to handle your medical discrimination case from start to finish.
If you believe your employer has discriminated against you because of a mental or physical disability or medical condition, the medical discrimination lawyers at Farzam Law Firm are here to fight for your civil rights.
Contact us today to handle your medical discrimination claim.