The California Labor Law Employment Attorneys Group has been handling cancer discrimination lawsuits against employers for many years. Our combined experience has enabled us to recover millions of dollars for our clients, and we are proud to say that we are one of the most highly rated firms around. If you are in need of a Fresno cancer discrimination attorney, look no further. We have the skills required to win your case and will work tirelessly to win you the maximum settlement available under the law.
Types of Cancer
There are many forms of cancer, and our firm has witnessed a plethora of sicknesses be used as grounds for discrimination. Some of the diseases include:
- Breast cancer
- Melanoma (skin cancer)
- Colon cancer
- Bladder cancer
- Brain tumors
- Cervical cancer
- Colorectal cancer
- Gallbladder cancer
- Testicular cancer
- Ovarian cancer
- Hodgkin lymphoma
- Liver cancer
- Lung cancer
- Pancreas cancer
- Pancreatic tumors
- Prostate cancer
- Rectal cancer
For more details, reach out to our firm and ask for a cancer discrimination lawyer.
Laws against Cancer Discrimination
Discrimination based on various protected traits has been outlawed for decades. The Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 both protect workers based on religion, sex, color, age, and more. However, the Americans with Disabilities Act of 1990 protects those who have been left handicapped and have an inability to sufficiently live or complete their job duties.
Cancer is a disability in this sense. it does not allow you to live to the same extent that you did before, as your body may weaken in many different ways depending on the type of sickness you have. Because cancer is protected and classified as a disability, you must be given reasonable accommodations at your job. Some accommodations include:
- Ample rest time
- More flexible hours
- No need to lift heavy objects
- Job relocation
- Refusal to grant medical leave
- Assistive devices
These accommodations must be granted provided that they do not put your employer in a tough financial situation or impede the ability for others to work or for business to get done at your job. Refusal to accommodate you in such ways can be grounds for legal action.
Further, you may not be fired for taking medical leave to get treated for your cancer. The wrongful termination of a cancer patient who is undergoing cancer treatment can lead to repercussions.
Evidence for Your Cancer Discrimination Claim
It is crucial that you have ample evidence to sue your employer if you were discriminated against for having cancer. You should be sure to hold on to as much as you can throughout the discrimination, as it is most often a persistent, ongoing issue. If you were simply wrongfully terminated out of the blue, it can be much harder to gather the evidence you need. Regardless, a cancer wrongful termination attorney in Fresno will be able to assist you.
The first step you should take is to approach HR to address the problem. If you alert HR, they can potentially fix the issue. However, bear in mind that HR is meant to protect the company, and you may not be treated fairly by them, either. Once you have tried to solve the problem internally, though, you have a better cause to collect evidence.
Some of the evidence you can gather can include:
- Testimonies and statements from witnesses and coworkers discussing your termination or discrimination
- A history of prior discrimination or proof that other individuals with cancer were similarly mistreated or fired
- A journal with accurate and meticulous records and details of the discrimination as it happened over the course of weeks or months
- Photographs, videos, audio recordings, surveillance footage, text messages, and emails that can show that there was some premeditation in the discrimination, the discrimination in action, or anything else related to your mistreatment
- Any contract or agreement that was signed to show that your employer violated or breached it
- Proof of altered schedules, refused accommodations, reduced pay, and more
Even with all of your evidence, you may find it difficult to file your claim. You may not know where to submit the materials or how best to interpret them and use them to show that you were mistreated. This is why it is important that you reach out to a lawyer in Fresno to sue an employer for discrimination against cancer patients. We can make sure that your claim is fairly handled and that you have the best representation available.
Compensation from a Cancer Discrimination Lawsuit
If you have suffered discrimination in your workplace by your employer for your sickness, you could file a lawsuit to receive financial compensation t cover your damages. Discrimination can result in many issues at work, eventually culminating in a wrongful termination. If you have been targeted, you should take legal action in response. Our Fresno cancer discrimination lawyers will gladly work to secure you the following:
- Reimbursement of lost wages and income
- Future missed income due to an inability to find a job or time spent off unemployment
- Payment for lost benefits, commissions, bonuses, tips, and more
- Emotional pain and suffering associated with the discrimination, like anxiety, mental scarring, psychological trauma, PTSD, and more
- Punitive damages if the employer were particularly negligent, knew the discrimination was happening and did nothing about it, was extremely discriminatory, and more (these are purely punishing monetary fees that are seldom awarded due to their reputation as harsh; only a qualified cancer discrimination attorney in Fresno will be able to win them for you)
- Reinstatement of your old job position (although this is not always taken, as the discrimination may continue on a more subtle level or there may be efforts made to fire you anyway)
If you wish to receive the maximum compensation for your case, you will benefit greatly from selecting an expert lawyer to handle your claim. A cancer discrimination attorney in Fresno will be able to make sure that you are fairly treated and that your settlement offer is adequate.
Statute of Limitations for a Discrimination Claim
If you plan on filing a cancer discrimination lawsuit against your employer, you must do so within a certain amount of time or your claim will be rejected and thrown out and you will not be permitted to receive compensation for your damages. The process is simple: you have 180 days to file a claim with the EEOC unless there is a State body governing workplace relations. In California, the DFEH takes care of employer relations, so you must adhere to their regulations. The DFEH has a time limit of 300 days to notify them of the discrimination or mistreatment.
Once you have notified the entity, they will conduct an investigation. At the conclusion of this investigation, they will decide whether or not you have grounds to sue; if you do, they will issue you a right-to-sue letter. The date of this letter is very important, as it dictates how long you have to take legal action – you have 1 year from the date, not the day you received it, to file a claim against your employer.
This limit can be extended if the defendant leaves the state or the country; you will not have to adhere to it until he returns. You could also have it extended if your sickness cases you to fall into a state of mental or physical incapacitation; if so, you do not have to stick to the statute until you return to health.
For help determining how much time you have left to file a claim against your employer, reach out to a cancer discrimination lawyer in Fresno today. We will gladly file your claim on your behalf – you will not have to worry about any deadlines being missed or any documents failing to make it to their necessary recipients. We are punctual and will always ensure that your claim’s supporting documents are within the time limit.
Cancer Discrimination Lawyer
We recommend getting an expert cancer discrimination attorney to help you with your case. You may not have any legal experience at all and you may be too sick to deal with your lawsuit. An attorney can walk you through the process and then handle everything from start to finish. You will not have to worry about the troublesome negotiations and fighting with insurance agents and representatives.
The increased stress from a lawsuit is not worth it – get help from our Fresno cancer discrimination attorneys today.
How We Help You
Our cancer discrimination lawyers in Fresno at the California Labor Law Employment Attorneys Group have been helping victims for years. We have secured ample settlements for our clients and have won numerous cases in court. If you wish to speak with one of our attorneys, we are available 24 hours a day, 7 days a week, and will always help you with what you need. We will make sure your case details and personal information are kept totally confidential.
Contact us for a free legal consultation today if you have queries or concerns about your claim. We will also give you our zero fee guarantee if you hire us, which promises that you won’t pay any out of pocket expenses for our services. We won’t get paid unless and until we win, and if we lose, we eat the losses ourselves.
If you have suffered discrimination for having breast cancer, Leukemia, melanoma (skin cancer), colon cancer, bladder cancer, brain tumors, cervical cancer, Colorectal cancer, Gallbladder cancer, testicular cancer, ovarian cancer, liver cancer, or lung cancer, call the California Labor Law Employment Attorneys Group today.