Wrongful Termination Based on Medical Condition
California employers cannot discriminate against employees who have a mental or physical disability on the basis of that disability. Many people may not know that employers in California are also prohibited from discriminating against or firing an employee with a medical condition because of the medical condition. The Nassiri Law Group is comprised of Orange County employment discrimination lawyers who are knowledgeable about California law and the protections it gives people who have medical conditions. Please contact us if you believe you were fired from your job because of a medical or health-related issue.Discrimination Based on a Medical Condition
The California law that prohibits workplace discrimination based on a disability also protects workers who have a medical condition. The Fair Employment and Housing Act (FEHA) makes it unlawful for an employer to fire a worker because of the worker’s medical condition. This is significant in light of the large number of California employees who have been diagnosed with serious health problems. For example, the California Department of Public Health estimates that, as of 2012, more than 1.2 million Californians have a history of cancer, and 144,800 people in California were diagnosed with cancer last year alone. Therefore, it is crucial that California law protects people with a medical condition from unfair treatment at work.Protection for California Workers With Medical Conditions
Just as it does for workers with a disability, FEHA protects workers with a medical condition from being fired, unless the worker cannot perform the essential duties of the job, even with a reasonable accommodation. A reasonable accommodation could be a change in the facilities, work schedule, or another job aspect that allows the worker to perform required tasks. If you are unsure whether you have been given a reasonable accommodation, contact an attorney at the Nassiri Law Group today.
FEHA defines a “medical condition” as either a diagnosis or history of cancer or certain medically identifiable genetic characteristics. These characteristics can be a gene or other inherited trait that is associated with a statistically increased risk of a disease, whether symptoms of that disease have manifested themselves or not. In other words, if you know that you are at an increased risk for a particular genetic disease, even if you don’t have the disease, you may be covered under FEHA.
The federal law called the Americans with Disabilities Act also offers some protection for people with a medical condition. However, FEHA is generally more accommodating than the ADA because FEHA uses broader definitions. Therefore, even if you do not qualify for protection under the ADA, you may qualify under FEHA. Be sure to contact the Nassiri Law Group if you have any questions about what your rights are.
If an employee has been unlawfully terminated because of a medical condition, the employee can recover lost wages and be compensated for mental anguish. There are also conditions under which a fired employee may be able to recover punitive damages from his employer if the employer acted egregiously.Advocates for Workers Medical Conditions
If you have been fired because of a medical condition your employer might have broken the law. The Orange County employment attorneys at the Nassiri Law Group understand that being fired, particularly on the basis of a difficult personal issue such as a medical condition, is not only illegal, but can also cause a great deal of emotional pain. Our lawyers work hard to seek the compensation that victims of unlawful termination deserve. If you think you have been fired because of your medical condition, schedule your free consultation today by visiting our contact page or calling us at 949.375.4734.