California Medical Discrimination Lawyer

Defending Your Rights Against Medical Discrimination in California

When an employee has a medical condition requiring some type of workplace accommodations, employers need to be aware of the situation and make any reasonable changes, provided that the adjustments do not create an undue hardship on the company. Both the Americans with Disabilities Act and the California Fair Employment and Housing Act (CFEH) protect workers against certain acts of medical condition discrimination. Prohibited conduct by employers includes refusing to make reasonable accommodations and taking any adverse employment action because of an employee’s medical condition.

At Valiant Law, we help employees like you stand up against employers who do not comply with applicable state and federal laws concerning medical condition discrimination. We will review your situation and your employer’s policies to determine the path you can take to seek justice. Our team can pursue a remedy on your behalf through negotiations. However, if your case cannot be resolved with that method, we are prepared to litigate your medical discrimination complaint in court.

We’ll be your dedicated advocate, fighting to hold your employer accountable. Contact us today to schedule a consultation with our California medical discrimination attorney at (909) 254-5771.

Understanding Medical Condition Discrimination

If your medical condition is more than a minor inconvenience, your employer may have legal obligations under the ADA and CFEH Act. For example, if an employee has cancer, the employer may need to make accommodations for their chemotherapy schedule. An employee with a broken leg may need a temporary alteration to their workspace to be able to continue doing their job.

As long as you remain capable of performing the “essential functions” of your position, your employer is obligated to try to meet any request for reasonable accommodation for a medical condition. This process may involve a discussion with you and your employer. Although your employer is not obligated to grant your exact accommodation, they should make practical adjustments, allowing you to continue doing your job. Your employer also does not have to make any changes that would create an undue hardship for the business. 

Still, because they are subject to ADA and the CFEH Act, your employer cannot take adverse employment action against you, such as:

• Firing, 
• Demoting, or
• Reassigning.

Your employer retaliates against you, because you have requested reasonable accommodations, may be grounds for a discrimination claim or lawsuit. When you make your request, whether or not your employer believes it is realistic, your employer must begin the interactive process of practical adjustments. If your employer fails to even talk about possible changes, you may be in a stronger position to take legal action.

Types of Medical Conditions Covered Under the ADA and CFEH

The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (CFEH) protect employees with various medical conditions. These protections ensure that employees are not discriminated against based on their medical conditions and are entitled to reasonable accommodations.

Some of the medical conditions covered include:

• Chronic illnesses like diabetes, heart disease, or asthma.
• Mental health conditions such as depression, anxiety, PTSD, and bipolar disorder.
• Physical disabilities including mobility impairments, hearing, or vision loss.
• Temporary disabilities, such as a broken limb or recovery from surgery.

The key factor is whether the condition substantially limits one or more major life activities, including working.

Reasonable Accommodation Requests and Examples

Under the ADA and CFEH, employees with medical conditions are entitled to request accommodations to help them perform their job duties. Reasonable accommodations can vary based on the nature of the condition and the work environment.

Examples of reasonable accommodations include:

• Flexible work hours or adjusted schedules.
• Remote work options or telecommuting if possible.
• Ergonomic equipment (e.g., special chairs or desks for employees with back issues).
• Job duty adjustments, such as lighter workloads or reassignment to less physically demanding tasks.

The key is that the accommodation should allow the employee to perform essential job functions without causing undue hardship for the employer.

How the Interactive Process Works

The interactive process is the key mechanism for requesting accommodations. It’s a collaborative dialogue between the employee and employer to identify potential accommodations.

Here’s how it works:

• Step 1: The employee informs the employer about the medical condition and the need for accommodations.
• Step 2: The employer engages in a discussion with the employee to understand the condition and potential accommodations.
• Step 3: Both parties assess possible solutions and agree on reasonable accommodations.
• Step 4: The employer implements the agreed-upon accommodations.

It’s important to keep records of all communications and agreements made during this process, as documentation can be crucial in case of a dispute.

Employer Defenses Against Medical Condition Discrimination Claims

Employers may try to defend against medical condition discrimination claims using several legal defenses. Common defenses include:

• Undue hardship: The employer claims that providing the accommodation would cause significant difficulty or expense.
• Inability to perform essential job functions: The employer argues that the employee cannot perform the essential duties of the job, even with accommodations.
• Lack of knowledge: The employer may claim they weren’t aware of the medical condition or the need for accommodation.

In legal proceedings, the court evaluates these defenses based on the facts of the case and whether the accommodation can be reasonably provided without imposing too much burden on the employer.

Ways Employers Engage in Medical Condition Discrimination

Employers can engage in medical condition discrimination in various ways. For instance, under the California Family Rights Act, an employer should allow a worker to take unpaid leave to care for a serious medical condition. The CFEH Act also provides for pregnancy disability leave. California law further prohibits employers from discriminating against employees based on their genetic information, such as their family history related to certain medical conditions. 

Frequently Asked Questions About Medical Discrimination in California

• Can my employer retaliate against me for requesting medical accommodations?
  No, retaliation is illegal. Under the ADA and CFEH, if you request accommodations for a medical condition, your employer cannot take adverse actions such as firing, demoting, or reassigning you because of your request. If you experience retaliation after making an accommodation request, you may have grounds for a discrimination claim.
• Does pregnancy count as a medical condition under the law?
  Yes, pregnancy is covered under California law, including the California Family Rights Act (CFRA) and CFEH. Employers are required to provide reasonable accommodations for pregnant employees, such as allowing leave for prenatal care or adjusting job duties to avoid physical strain. If your employer fails to provide accommodations or discriminates against you due to pregnancy, it could be a violation of the law.
• What if I am older and have a medical condition? Can I face discrimination based on age and health?
  The Age Discrimination in Employment Act (ADEA) protects employees aged 40 or older from discrimination based on age, including in situations where age-related medical conditions are involved. If your employer discriminates against you due to both age and a medical condition, you may have grounds for a claim under both the ADA and ADEA. Employers are required to accommodate medical conditions regardless of age.
• Can an employer deny a medical accommodation because it’s too costly for the business?
  Employers are allowed to claim undue hardship as a defense if providing an accommodation would create significant difficulty or expense. However, they must be able to prove that the accommodation would substantially disrupt their business operations. In most cases, employers are expected to make reasonable adjustments without placing too much of a financial burden on the company
• Are mental health conditions covered by medical discrimination laws?
  Yes, mental health conditions such as anxiety, depression, and PTSD are protected under both the ADA and CFEH. Employees with mental health issues are entitled to reasonable accommodations, such as modified schedules, remote work options, or access to support services, as long as the employee can still perform the essential functions of their job.
• Can I request an accommodation for a temporary medical condition?
  Yes, temporary medical conditions are also covered under the ADA and CFEH, provided they substantially limit one or more major life activities. For example, if you have a broken leg or are recovering from surgery, you may be entitled to reasonable accommodations such as modified work duties or temporary adjustments to your workspace.

Call Our California Medical Discrimination Attorney Today

If you believe that your employer has violated your rights, the most important thing to do is get legal advice from an attorney who understands the complex web of employment and anti-discrimination laws. Valiant Law can assist in filing a claim or lawsuit against your employer.

Call us at (909) 254-5771 or contact us online today to schedule a consultation with our California medical discrimination lawyers.