The lawyers of California Labor Law Employment Attorneys Group have a long history of fighting for those who are discriminated against by their employer. Our legal team has recovered millions in compensation on behalf of our clients, and we are ready to do the same for you. If you are searching for a cancer discrimination attorney in Fresno, don’t hesitate to contact us and learn about the ways we can assist you.
Types of Cancer You can be Diagnosed With
We use the word “cancer” as a general term, but there are actually many different types of cancer that you can develop throughout your life. Some of the most common examples of cancer include:
- Colon cancer
- Colorectal cancer
- Breast cancer
- Melanoma (skin cancer
- Bladder cancer
- Gallbladder cancer
- Brain tumors
- Leukemia
- Ovarian cancer
- Cervical cancer
- Hodgkin’s lymphoma
- Prostate cancer
- Testicular cancer
- Liver cancer
- Lung cancer
Laws Protecting Workers against Cancer Discrimination
Discrimination in the workplace based on a worker belonging to a protected category is illegal under California law, as well as federal employment laws. Laws that prohibit such discrimination by employers include the Age Discrimination in Employment Act and the Civil Rights Act of 1964. However, what laws protect workers when they face discrimination for having cancer?
Primarily, employees can rely on the Americans with Disabilities Act of 1990 (ADA) if they have a handicap or a medical condition that compromises their ability in the workplace. While cancer is not classified as a disability under the laws in California, it is an acceptable condition under the ADA. This is based on the fact that your ability to work and live a certain quality of life is impaired, and your body is compromised in various ways depending on the stage of cancer. As cancer is a protected health condition according to the ADA, your employer cannot use a cancer diagnosis to take negative actions against you, like taking away your job or denying you a promotion. In addition, your employer cannot retaliate against you for seeking reasonable accommodations, such as:
- More break times during the day
- Greater flexibility in your work schedule
- Eliminating non-essential job duties like lifting heavy objects
- Relocating you to another job site
- Reassigning you to a less demanding position
- Providing you with assistive devices
- Granting extended medical leave
The Right to Ask for Workplace Accommodations
As you can see, cancer and other medical conditions can make it challenging to keep up with your job duties. However, most employers can make accommodations to help the worker without compromising their finances or daily operations. That’s why the accommodations you ask for must be “reasonable,” based on your employer’s size, building, your role at the workplace, and other relevant factors.
Keep in mind that if the accommodations are unreasonable, your employer can say no, but they cannot refuse to interact with you outright on this issue. Refusal to engage in a discussion with you and seeing what accommodations are possible is grounds for legal action on the basis of cancer discrimination.
Additionally, you cannot be fired or reprimanded in some other way because you sought changes in your schedule, work area, etc., while you are undergoing cancer treatments. This is a form of wrongful termination or some other unlawful treatment in the workplace, which is against the law.
Proving a Discrimination Claim for Cancer Discrimination
In any legal proceeding, you must have strong and compelling evidence to prove that someone has violated your rights. If your employer discriminated against you because you have cancer, you must start the evidence gathering process immediately. If you are planning on leaving your job, please compile as much evidence as possible before your last day. Of course, if you were fired with little to no notice, this is not possible, but a Fresno employment attorney can help you obtain proof to support your case even if your employer refuses to cooperate with you.
Even before you file a claim or seek help from the state labor board, make sure to speak with your Human Resources department. Some workplaces have a different protocol, so you may need to speak with a specific person, like a payroll and benefits administrator. The point is, there should be an internal process in your employment manual for what to do if you are dealing with discriminatory behavior.
The point of filing an HR complaint is to solve the problem within the company, which is the quickest and most efficient solution for all the involved parties. On the other hand, those working in HR work for the company, so they may choose to ignore your concerns or use stall tactics and other manipulation tactics, thereby leaving you in limbo and making you even more vulnerable to abusive behavior from the employer.
What Type of Evidence Do I Need?
If turning to Human Resources doesn’t help the situation, you can move on to filing a claim with the state and/or federal agency that’s in charge of workplace discrimination cases. If you decide to proceed with a claim, here are some ideas for evidence that you can gather:
- A written log of each incident of discrimination with dates, times, what was said, any actions taken by you or the employer, and other important details
- Emails, texts, and other communications that show a pattern of discrimination and other adverse treatment related to the fact that you have cancer.
- Your work contract, employment manual, and other job-related documents to show your employer breached their duty to treat you in a fair and professional manner
- Photos, video footage, and audio recordings that show incidents / conversations where you were discriminated against
- Proof that there is a history of discrimination at your workplace against people with disabilities and serious medical conditions (witness statements, for example)
- Your work performance evaluations, particularly if there were statements in the reviews that were subjective or not substantiated by tangible evidence.
At the end of the day, the average person will have trouble figuring out whether they have what it takes to succeed in a discrimination claim or lawsuit. Even if you have the evidence that’s needed, how to put it all together and file a claim, what to do if you are given the right to sue, and other concerns can make it difficult to navigate the legal system. Our team of Fresno cancer discrimination lawyers can handle every stage of your case and bring about the results you need and deserve.
Compensation for Cancer Discrimination Victims
If your employer has subjected you to unlawful behavior, including discrimination because you have cancer, a lawsuit may be the right course of action. By suing your employer, you can ask for monetary compensation to cover financial losses that resulted from the illegal treatment. The damages you are eligible to receive depend on many details that are specific to your case. A Fresno cancer discrimination attorney can help you file a lawsuit for and recover some or all of the following:
- Value of wages that were lost as a result of discriminatory employment decisions by the company
- Future lost wages, depending on your ability to find new employment
- Compensation for any work benefits that you lost, along any unpaid tips, bonuses, commissions, etc.
- Payment for the physical and emotional suffering associated with cancer discrimination (pain and suffering, for example).
- If your case is tried in court and the ruling is in your favor, a jury may decide that your employer’s actions were especially outrageous in terms of negligence or willful misconduct. As a result, you may receive additional payment in the form of punitive damages.
- If it’s appropriate, being restored to your former position. Please note that doing so means you will go back to work for the same employer, which is not suitable for the vast majority of people who sue their employer for discrimination.
Contact a Lawyer Specializing in Workplace Discrimination
Employers face challenges in terms of working with and accommodating those with a disability. However, the laws are clear when it comes to the treatment of employees with cancer and other debilitating illnesses. Discrimination based on one’s medical condition is against the law, plain and simple. If cancer discrimination by your employer caused you harm and suffering, our lawyers are here to fight for you.
The process begins with a free consultation to learn about your rights and legal options. If you decide to pursue a legal case, attorney’s fees are deferred until you receive compensation. That way, you hire us for $0 upfront, and you never have to worry about paying a retainer or hourly rate. Furthermore, we have a Zero Fee Guarantee, so we promise that you owe us $0 if we fail to settle the case in your favor.
Please contact the offices of California Labor Law Attorneys Group and talk to a cancer discrimination lawyer in Fresno.
