Discrimination in the workplace can happen due to a variety of reasons, like someone’s race, pregnancy, political activities, and religious beliefs. However, one does not expect an employer to fire them or take other adverse employment actions against them because they have a serious illness. Sadly, cancer discrimination is not uncommon in California workplaces. If you suspected that your employer is targeting you because you have cancer, contact our team of Sacramento cancer discrimination lawyers. We can talk to you about your rights, which may include a lawsuit for wrongful termination against your employer.
Cancer and Its Impact on Your Career
It’s a devastating realization to know that you have cancer, as a serious illness affects so many areas of your life. Your career, for example, may be interrupted if you need to take medical leave for a long period of time. Alternatively, you may need to reduce your hours or work duties because you are easily fatigued in between your treatments.
It’s important to understand that your employer cannot fire you on the basis of having cancer or asking for reasonable work accommodations due to your medical needs. Are you receiving unfair or harassing treatment at your job since your employer found out that you have cancer? Were you demoted or denied certain work opportunities because you asked for accommodations that can help you perform your job duties? Did you lose your job after you came back from or asked for medical leave that you are allowed to take under the California Family Rights Act or the Family and Medical Leave Act?
These are common examples of cancer discrimination in the workplace. Our attorneys are here to help San Diego residents and workers who were mistreated by their employer due to a diagnosis of:
- Cáncer de mama
- Tumores cerebrales
- cáncer de vesícula biliar
- Cancer testicular
- Cáncer de colon
- Cáncer colonrectal
- Cáncer de ovarios
- Cáncer de hígado
- Cáncer de pulmón
- Pancreatic cancer
- Hodgkin’s lymphoma
- Cancer de prostata
- Leucemia
- Melanoma (cáncer de piel)
- Cáncer de vejiga
- Cáncer de cuello uterino
Accommodations for Employees with Cancer
Having cancer is likely to impact your ability to perform your job duties. If, for example, you are a truck driver, you may need to limit how far you travel and take more rest breaks throughout your shift. If you are a teacher, you may need to cut down on the number of classes you teach per day, along with other tasks that are not considered essential to your position.
In essence, you may need accommodations in order to keep working. You have the right to ask for accommodations that are reasonable, based on your position, the type of work environment, and your employer’s resources. So, as long as your employer is not put through undue hardship, they must grant your request for accommodations like a more flexible work schedule and relocation to another part of the building. Some employers purchase mobility aids and other tools / equipment that can help the worker, but this may not be a possibility at some workplaces.
Those who are facing cancer discrimination may be fired or punished in some other way if they ask for adjustments, such as:
- Time off for doctor’s appointments and cancer treatments
- Extended medical leave under the FMLA or CFRA
- More breaks throughout the day
- Not doing physical tasks like lifting boxes and getting on ladders
- Working a different shift or reducing your hours
- Working remotely on a part or full-time basis
- Reassignment to a less demanding position or location closer to their home or hospital
Discrimination Laws Protecting Cancer Patients
Numerous laws provide protections for workers when it comes to discrimination by the employer. One of them is the federal government’s Civil Rights Act, which prohibits discrimination of an employee based on protected traits such as race, age, gender, disability, religion, and sexual orientation.
More specifically, you are protected from cancer discrimination under the Americans with Disabilities Act of 1990. This federal legislation is crucial to understanding what counts as a disability under federal laws. For example, it’s obvious to most people that conditions like paralysis and severed limbs count as a disability. But cancer is a more complex disorder, and as a result, victims are left to wonder if they are protected by the ADA.
The good news is, you are protected by the American with Disabilities Act if you have cancer. According to the statute, you are protected if you have a physical or mental condition that greatly limits your ability to perform your usual activities. These activities include working, so any illness that significantly impairs your abilities at work count as a disability under the ADA.
Since cancer is considered a disability by federal guidelines, your employer cannot fire you because you have cancer, or you need accommodations in the workplace during your recovery. So, if you were fired and suspect that your employer is discriminating against you for having a medical condition, make sure to contact the offices of California Labor Law Employment Attorneys Group.
Statute of Limitations for a Cancer Discrimination Claim
As someone who is facing discrimination for having cancer, you may have the option of suing your employer for monetary compensation. However, you cannot proceed with a lawsuit unless you are given permission to do by either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
It’s essential that you understand the deadlines associated with a labor agency complaint. For instance, a claim with the DFEH must be filed within 1 year of when the act of discrimination occurred. The starting date for the statute of limitations can be challenging to figure out if there were multiple incidents of discrimination over an extended period of time. A cancer discrimination lawyer can help you determine the correct timeline based on your circumstances.
Once the agency investigates your allegations, they may take action against the employer or send you a Right to Sue letter. Upon obtaining this notice, you can go forth with a lawsuit by petitioning the civil court system. As you can see, the legal process for an employment claim can be difficult to navigate, but rest assured that our legal experts are with you every step of the way.
Monetary Damages for Cancer Discrimination Victims
Once you determine that you are eligible for a cancer discrimination lawsuit, you are likely to have questions about the compensation that can be obtained. What kind of payments can I demand if I was suffered financial losses and emotional distress from discriminatory treatment by employer?
Our legal experts will strive to bring you some or all of the following damages from an employment rights violation claim:
- Lost wages, like back pay and front pay
- Lost work benefits such as retirement contributions, health and life insurance, and stock options
- Job search / relocation costs
- Medical expenses, depending on how your employer’s conduct affected your health
- Dolor y sufrimiento
- Daños punitivos
Please note that you may also have the choice of going back to your former position. But many employees do not choose reinstatement, as the relationship between employer and employee is probably beyond repair by the time a lawsuit is settled. However, reinstatement may be a possibility if the company has multiple locations and the employee can be moved to another work site. As you can see, there is lot to think about when it comes to a settlement for cancer discrimination. That’s why we urge you to contact our legal team as soon as possible.
Help from a Cancer Discrimination Lawyer
Discrimination is never acceptable in the workplace, especially against those who are suffering from a serious health condition. Unfortunately, some employers automatically assume that workers with cancer cannot keep up with their job duties and responsibilities. Or, they simply want to get rid of someone instead of making reasonable accommodations or letting them have time off to focus on getting better.
California Labor Law Employment Attorneys Group is here to fight for you and the compensation you deserve. By contacting us today, you can speak to a cancer discrimination attorney in San Diego and learn about the legal actions that are available to you. In the event you decide to hire us, you do not pay anything towards our expenses, which are billed to the party you are suing. We get paid by winning your case, and if we fail to secure your settlement, you will not be charged a single penny in legal fees.
Please contact our law firm at your earliest opportunity and schedule a free case evaluation.
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