Discrimination in the workplace can be extremely damaging to one’s professional and financial prospects, along with their physical and mental health. The health impacts of harassment, termination of employment, and other illegal treatment can be especially damaging to those who are dealing with the effects of cancer.
Cancer discrimination can happen to anyone, in any type of work setting. If you are being treated unfairly at work or lost your job, you may have cause to believe that your cancer diagnosis is behind your employer’s decision. Our cancer discrimination attorneys are ready to hear your story and determine your eligibility for a discrimination claim against your employer. Please contact our law firm to speak with a lawyer in Sacramento that has experience in disability discrimination cases.
How Does Cancer Affect Your Job?
Finding out that you have cancer is devastating for anyone, and unfortunately, there are many types of cancer that can develop in people of all ages, regardless of their health. Cancer undeniably has a huge impact in many areas of your life, including your job and future career potential. Depending on the stage of cancer, you may need to take several months to focus on treatments or reduce the number of hours you can be at work.
Please note that your employer cannot make adverse employment decisions, like firing you, on the basis of a medical condition. By law, employers are required to take any and all reasonable measures to accommodate a worker that has cancer. Were you denied work opportunities like promotions and raises after you told your employer about your cancer diagnosis? Were you demoted from your position or fired, and you have reason to believe that your status as a cancer patient played a role in why you were demoted or fired?
Sadly, these are common examples of discrimination that can happen to people with a disability or serious medical issues. The Sacramento cancer discrimination lawyers of California Labor Law Employment Attorneys Group are here to assist you, so don’t hesitate to give us a call. We have many years of experience in helping discriminated workers who are suffering with the following types of cancer:
- Cáncer de colon
- Cáncer colonrectal
- Cáncer de vejiga
- Cáncer de ovarios
- Cáncer de mama
- Cáncer de cuello uterino
- cáncer de vesícula biliar
- Tumores cerebrales
- Cancer testicular
- Cancer de prostata
- Cáncer de hígado
- Cáncer de pulmón
- Pancreatic cancer
- Melanoma (cáncer de piel)
- Hodgkin’s lymphoma
- Leucemia
Accommodations that Help Employees with Cancer
When you are struggling with the effects of caner, it is likely to have a major impact on your job. If you have a job where you are largely on the road, like a truck driver, you will need to restrict how far you can drive. Even if you work in an office setting, you may need to cut your hours and not engage in tasks that require a certain amount of physical strength.
For employees with a serious medical issue, there are many different accommodations that can be provides by the employer. You have the right to ask for accommodations, provided that you do not cause undue hardship to your employer. Based on where you work and what you do for a living, employers can make changes in your schedule or give you additional breaks throughout the day.
To give you an idea of what can help you perform your job duties, here are common examples of work accommodations for cancer patients:
- A more flexible schedule that allows you to take time off for cancer treatments and doctor’s appointments
- Long-term medical leave if you are a qualifying employee under the CFRA or the FMLA
- Additional rest breaks throughout your work shift
- Elimination of non-essential tasks like moving heavy objects and using certain tools / equipment
- Temporary reassignment to a different shift or cutting back on your work hours
- Working from home or another remote location
- Being reassigned to another position or work site that’s closer to the employee’s home
Laws That Make It Illegal to Discriminate against Cancer Patients
Certain laws have been in place for decades for the purpose of protecting workers from unfair treatment by employers. One example is the Civil Rights Act, a federal legislation that prohibits workplace discrimination based on categories such as gender, religion, race, age, and disability.
So, that brings us to an important question: is cancer a disability under federal and state laws? According to the Americans with Disabilities Act of 1990, cancer is not specifically identified as a disability. And it’s understandable that some people may not put cancer in the same category as disabilities like quadriplegia.
However, we want to assure you that you are covered by the protections of the ADA if you are diagnosed with cancer. The statute makes it clear that a disability is defined as a condition that causes significant disruptions in your ability to engage in daily tasks, like performing your job duties. Thus, cancer is a qualifying health condition that merits worker protections, like not being demoted or fired because you have cancer. Your employer is also forbidden from retaliating against you because you asserted your right to reasonable accommodations based on your medical needs and limitations.
Do you suspect that your recent job loss and/or other mistreatment at work is directly related to your medical condition? If so, please take some time to discuss your situation with a workplace discrimination lawyer in Sacramento.
Cancer Discrimination Claim – What is the Statute of Limitations?
Suing our employer may be the right course of action if you were treated unjustly on the basis of having cancer. Before you can file a lawsuit, you must obtain permission from either the federal government’s Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
You must stay on top of the deadline for a labor agency complaint to ensure that you do not run out of time for a lawsuit. A wrongful termination claim with the DFEH, for example, must be filed within 1 year of when the employment violation occurred. If there was a long pattern of discriminatory treatment, it may be difficult to figure out when the statute of limitations begins on your case. With that in mind, it’s a good idea to seek help from a cancer discrimination attorney in Sacramento.
The agency that you file with is in charge of reviewing your claim and conducting a thorough investigation. Some cases may be resolved by the agency, but others involve circumstances that merit a lawsuit. If you fall into this category, you will receive what is referred to as Right to Sue notice. This document will allow you to petition the court and sue your employer for monetary compensation.
Damages You can Receive from a Cancer Discrimination Case
Upon figuring out that you are eligible for compensation, you must determine the damages you can ask for if you were subjected to discrimination by your employer. The payments you can seek by filing a lawsuit may include some or all of the following:
- Compensation for lost wages (back and front pay)
- Unpaid commissions, overtime, and other lost wages
- Value of job-related benefits, like sick and vacation days
- Job search costs
- Dolor y sufrimiento
- Daños punitivos
Reinstatement of your position at work is another damage you may wish to recover. But going back to the employer that unjustly fired you is not something that’s suitable for most victims of workplace discrimination. Nevertheless, you should thoroughly discuss the available options with a wrongful termination lawyer in order to make an informed decision.
Contact a Lawyer That Specializes in Cancer Discrimination
Workplace discrimination is unacceptable from a legal and moral perspective, especially when the intended target is suffering from a serious illness. Employers often assume that someone with cancer will be drain on their resources, and it’s easier to just get rid of them as soon as possible. As a result, those who announce a diagnosis of cancer or ask for workplace accommodations may be fired from their job.
The attorneys of California Labor Law Employment Attorneys Group are ready to hold your employer accountable in a lawsuit for wrongful termination. By reaching out to us, you can receive advice and guidance from a Sacramento cancer discrimination lawsuit attorney without spending a penny. We provide a Zero Fee Guarantee, a system where legal fees are deducted from your settlement check. So, you pay nothing out of pocket, and we make $0 if we fail to win your case.
To schedule a free consultation on your rights and legal options, contact our office as soon as possible.
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