Cancer is a disease that impacts millions of lives in the U.S., and it’s astounding to think that there are more than 200 different types of cancer. Tragically, some people do not find out that they have cancer until they are in the final stage of the disease. But many people thankfully find out about the illness early on, when they can still recover with treatments like chemotherapy, radiation, and surgery.
After a cancer diagnosis, most people have every intention of going to work and performing their job to the best of their ability. At some point, this may be impossible if the cancer gets worse, but most people are able to work through their treatments with some basic changes and modifications.
The problem is, you may be working for an employer who does not believe in your abilities. Or, they are bothered by the idea of having to provide reasonable accommodations and extended medical leave. Soon, you find that your requests for things you are entitled to are denied, and people are starting to treat you differently because of your diagnosis. Eventually, the treatment escalates to loss of work privileges, demotion, or being fired from your job.
Depending on your experience and the available evidence, you may have grounds to sue your employer for cancer discrimination. That way, you can obtain compensation for any impact to your finances and psychological harm that resulted from how you were treated.
Acts of Discrimination against Employees with Cancer
To the average person, it doesn’t seem right that anyone should discriminate against someone because of a disease like cancer. But the meaning of discrimination can mean different things depending on who you ask, so it’s important that you understand the legal definition of cancer discrimination in the workplace. To illustrate our point, here are examples of discrimination against employees who are diagnosed with cancer:
- Making jokes and offensive comments, or even factual observations that can hurt the employee, like their life-expectancy or what they can and can’t do at work
- Assigning the employee to a less desirable shift or location
- Micromanaging the employee or openly criticizing them for not meeting standards that are unreasonable
- Failing to make work opportunities accessible to employees with a temporary or permanent disability
- Firing an employee while they are out on medical leave that they are allowed to take under the California Family Rights Act or the Family and Medical Leave Act
- Cutting the employee’s pay rate or demoting employees that ask for reasonable accommodations while they are undergoing cancer treatments
Please note there are many other examples of discrimination that can be directed at workers after a diagnosis of cancer. No one should be subjected to this type of treatment, and we want you to know that various laws exist to protect your employment rights. For more information on what you can do if your employer is using your cancer diagnosis to discriminate against you, contact the offices of California Labor Law Employment Attorneys Group.
What are My Legal Options if I am Dealing with Cancer Discrimination?
Upon finding out that you have cancer, your employer has started to treat you differently. Perhaps you are finding that bonuses, promotions and other opportunities are unavailable to you. Or, you were assigned to a lower position at work (demotion) after asking for a more flexible schedule that can accommodate your cancer treatment. If you have lost your job recently, maybe the reason has to do with your illness.
As a victim of cancer discrimination, you can seek justice by filing a claim with the applicable government agency. Based on their response to your claim, you may wish to proceed with a workplace discrimination lawsuit. Even if you are certain that a lawsuit against your employer is the right course of action, you must start the process by filing a claim with one of these agencies:
- The federal government’s Equal Employment Opportunity Commission, which enforces labor laws at the federal level. A claim with the EEOC must be filed no later than 300 days from when the violation occurred.
- The State of California’s Civil Rights Department, formerly known as the Department of Fair Employment and Housing. For employment violation claims at the state level, you have 1 year from the date of discrimination to submit your complaint.
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Were you subjected to discrimination at your job in Riverside because of a medical condition? Are you a Riverside resident who was fired or demoted due to a cancer diagnosis? It’s essential to discuss your situation with a cancer discrimination lawyer at your earliest opportunity. That’s why we are happy to offer a free case review, where we can go over all your questions and concerns.
If you are eligible for a lawsuit, we will represent you on contingency so that you do not have to worry about paying for a cancer discrimination attorney. After we obtain your settlement or compensation from a jury verdict, a portion of it will be deducted to cover the cost of legal services. Otherwise, we eat the costs, and you do not pay a single cent for attorney’s fees.
A Riverside employment rights attorney is here to assist 24/7, so don’t hesitate to get in touch by giving us a call or using our contact form.
