Everything You Need To Know About Medical Condition Discrimination

California is known for its robust employment laws designed to protect employees from various forms of discrimination, including those based on medical conditions. As an employer or employee in the Golden State, it is essential to understand the nuances of medical condition discrimination, the legal protections available, and the steps to take if you face or need to address such discrimination.

What is Medical Condition Discrimination?

Medical condition discrimination occurs when an employee or job applicant is treated unfavorably because of a medical condition. Under California law, a “medical condition” includes any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer, as well as genetic characteristics. Genetic characteristics refer to genes or chromosomes associated with increased risk of developing a disease or disorder.

Legal Framework Protecting Employees

Several laws provide comprehensive protections against medical condition discrimination in the workplace:

1. Fair Employment and Housing Act (FEHA): California’s FEHA prohibits discrimination based on medical conditions, among other protected categories. It applies to employers with five or more employees and offers broad protection against various discriminatory practices.
2. Americans with Disabilities Act (ADA): Although a federal law, the ADA also provides protections against discrimination based on disabilities, which can intersect with medical conditions. The ADA applies to employers with 15 or more employees.
3. California Family Rights Act (CFRA): This act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for their own serious health condition or to care for a family member with a serious health condition.

Examples of Medical Condition Discrimination

Medical condition discrimination can take many forms, including but not limited to:

• Refusal to Hire: Rejecting a job applicant because of a known medical condition.
• Termination: Firing an employee upon discovering their medical condition.
• Harassment: Subjecting an employee to derogatory comments or hostile behavior related to their medical condition.
• Failure to Accommodate: Not providing reasonable accommodations that enable an employee to perform their job despite their medical condition.
• Adverse Employment Actions: Demoting, reducing pay, or reassigning an employee to less favorable duties because of their medical condition.

Reasonable Accommodations

Employers are required to provide reasonable accommodations to employees with medical conditions, unless doing so would cause undue hardship to the business. Reasonable accommodations might include:

• Modifying work schedules or allowing flexible hours.
• Providing ergonomic office equipment or modifying workspaces.
• Allowing telecommuting or remote work.
• Granting additional unpaid leave for medical treatment.

Steps to Address Medical Condition Discrimination

If you believe you have been discriminated against due to a medical condition, consider the following steps:

1. Document Everything: Keep detailed records of discriminatory behavior, including dates, times, locations, and witnesses.
2. Report Internally: Follow your company’s procedures for reporting discrimination. This often involves speaking with your HR department or a designated company officer.
3. File a Complaint: If internal reporting does not resolve the issue, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
4. Seek Legal Counsel: Consult with an employment lawyer who specializes in discrimination cases to understand your rights and options.

Conclusion

Medical condition discrimination is a serious issue that can significantly impact the lives and careers of affected individuals. California’s comprehensive employment laws provide strong protections to ensure that employees are treated fairly and with respect. Understanding these laws and knowing the steps to take if discrimination occurs can empower employees to protect their rights and seek justice.

For more detailed information and assistance, consider reaching out to legal professionals or the appropriate government agencies dedicated to enforcing these protections. By staying informed and proactive, employees and employers alike can contribute to a more inclusive and equitable workplace.