Medical Condition and Disability Discrimination, Harassment, and Retaliation Claims
At LCK Law, we are dedicated to advocating for employees who face discrimination, harassment, or retaliation due to their medical conditions or disabilities. While both medical conditions and disabilities are protected under the law, they have distinct legal meanings:
- Medical condition refers to any physical or mental health condition, illness, or injury that temporarily or permanently affects an employee’s health. This can include conditions such as chronic illnesses, cancer, pregnancy-related complications, or temporary injuries.
- Disability, as defined under laws like the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), refers to a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, learning, or working.
Both medical conditions and disabilities are protected by law, and employees have the right to be free from discrimination, harassment, or retaliation related to their health status. If you have experienced mistreatment or unlawful actions due to your medical condition or disability, our experienced employment law attorneys are here to help you protect your rights.
Medical Condition and Disability Discrimination
Discrimination based on a medical condition or disability occurs when an employer treats an employee unfairly because of their health status or disability. Examples of medical condition or disability discrimination include:
- Denial of job opportunities, promotions, or raises due to a medical condition or disability
- Firing or demoting an employee because of their medical condition or disability
- Unequal treatment in job assignments, responsibilities, or training opportunities because of health status
- Failure to provide reasonable accommodations for employees with medical conditions or disabilities that enable them to perform their job duties
Under the ADA, FEHA, and other applicable laws, employers are required to provide reasonable accommodations for employees with medical conditions or disabilities, unless doing so would cause undue hardship to the employer. If you believe you have been discriminated against due to a medical condition or disability, we can help you take legal action.
Medical Condition or Disability Harassment
Harassment based on a medical condition or disability occurs when an employee is subjected to offensive, unwelcome, or discriminatory conduct because of their health status or disability. This can include:
- Derogatory comments, jokes, or slurs related to an employee’s medical condition or disability
- Mocking or belittling an employee because of their physical or mental health condition
- Exclusion from work-related activities, social events, or opportunities because of a disability or medical condition
- Physical or verbal abuse targeting an employee’s health status or disability
Employers are required to address harassment based on medical conditions or disabilities promptly. If harassment is left unaddressed or becomes severe enough to create a hostile work environment, you may have grounds for a legal claim. You deserve to work in an environment free from discrimination and mistreatment.
Retaliation for Reporting Medical Condition or Disability Discrimination or Harassment
Retaliation occurs when an employer punishes an employee for asserting their rights under the law, such as requesting reasonable accommodations or reporting discrimination or harassment related to a medical condition or disability. Retaliatory actions may include:
- Termination, demotion, or reduction of hours after an employee requests accommodations or reports discrimination
- Denial of promotions or job opportunities in retaliation for speaking up about mistreatment
- Negative performance reviews or unwarranted disciplinary actions in response to filing a complaint
- Exclusion from opportunities or reassignment to less favorable tasks because the employee asserted their rights
Both federal and state laws protect employees from retaliation. If you’ve faced retaliation after asserting your rights, it is important to take action to protect yourself and hold your employer accountable.
How We Can Help
At LCK Law, we are committed to standing up for employees who face discrimination, harassment, or retaliation due to their medical condition or disability. We offer compassionate and aggressive legal representation to help you navigate the complex laws surrounding medical condition and disability rights in the workplace.
Our attorneys will work closely with you to understand your situation, pursue reasonable accommodations, and ensure that your rights are upheld.
If you have experienced discrimination, harassment, or retaliation due to a medical condition or disability, contact us today for a confidential consultation. Let us help you protect your rights and secure the fair treatment and compensation you deserve.