Employers who discriminate against a person because of a medical condition are breaking the law. Employers must make reasonable accommodations for employees who have a medical condition unless doing so would cause excessive hardship.
Employees who are subjected to illegal medical discrimination can sue their employer for monetary damages. The following commonly asked issues about lawsuits for discrimination against California workers based on medical conditions are addressed:
In most situations, it is illegal for an employer in California to reject to hire an applicant because of his or her medical condition or perceived medical condition.
Discrimination in the workplace because of a medical condition is illegal under California state and federal law. Employers may have preconceived notions about a person’s ability based on their worries or assumptions about their medical condition. It is illegal for an employer to discriminate against an employee because of a medical condition, according to the California Fair Employment and Housing Act (FEHA).
Employers must evaluate job applicants regardless of their actual or perceived medical issues, as required by law. Employers must provide reasonable accommodations to an employee or applicant unless doing so would cost the employer undue hardship. A great difficulty or expense is termed an undue hardship.
Employers must evaluate job applicants regardless of their actual or perceived medical issues, as required by law. Employers must provide reasonable accommodations to an employee or applicant unless doing so would cost the employer undue hardship. A great difficulty or expense is termed an undue hardship.
Discrimination based on a person’s medical condition is illegal in any area of work or hiring, including:
A “medical condition” is defined as any of the following under the California Fair Employment and Housing Act (FEHA):
Genes or chromosomes that suggest a higher chance of diseases like cancer, heart disease, or Lou Gehrig’s disease are examples of genetic disorders. An employer may discriminate against a genetically predisposed employee because the employer believes the individual may require medical leave or time off.
Medical illnesses and mental or physical disability may coexist. Any mental or psychological problem or condition that impairs a major life activity is considered a “mental disability.” Limitations are set without consideration for mediation, assistive technology, or reasonable adjustments.
Chronic diseases or medical disorders that cause mental impairments include:
Disfigurements or diseases that impair the body and limit significant living activities are referred to as “physical disabilities.” This includes the following:
Physical disabilities encompass both long-term and short-term conditions, such as:
If you or someone you know has been diagnosed with a medical condition and are facing difficulties with employment, please feel free to give our office a call. You may reach us at 310.943.1171.
Do not hesitate to contact Kaass Law if you have any questions about California disability discrimination laws or to discuss your case confidentially with one of our experienced California employment law attorneys.
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