Unfair treatment in the workplace can happen in any type of work setting, no matter the industry or number or employees. This includes discrimination against employees who are diagnosed with cancer. Unfortunately, discriminatory treatment based on a serious medical condition is a common issue, and many employers view such workers as a burden they should not have to deal with.
Are you a resident of Oakland who was fired after your employer found out you had cancer? Were you demoted or subjected to other unfair employment decisions by an Oakland employer because of a cancer diagnosis? Based on the circumstances, you may have the right to file a workplace discrimination lawsuit.
It’s essential that you obtain legal advice from a cancer discrimination lawyer in Oakland as soon as possible. That way, you can understand the legal process for an employment rights claim and make an informed decision on whether to proceed with a lawsuit. Our legal team is here 24/7 to help with your questions and concerns, so contact us for a free case review.
Discrimination against Employees with Serious Medical Conditions
Are you dealing with harassment and other offensive treatment at your job, which started after people found out you have cancer? Were you demoted from your position or told about a pay cut or reduced hours by your employer? Are you being denied opportunities for advancement or work privileges after you asked for a more flexible work schedule and other reasonable accommodations?
These are examples of discrimination against a disability or serious health issue, which is a violation of state and federal laws. Typically, workers find that they are treated differently after reporting a diagnosis of cancer to their employer. After a period of negative employment decisions, the employer may decide to fire them altogether. If you were let go from your job because of a medical condition, you may have grounds for a wrongful termination lawsuit against your employer.
Legal Protections for Employees with Cancer
It’s easy to feel powerless when your employer has a bias against people who are suffering from a serious illness or injury. However, you are not without rights in these situations, and there are various laws in place to help those who are taken advantage of at their workplace. Education on the laws that have to do with disability discrimination are essential, no matter what you do for a living. When it comes to medical conditions and your employment rights, here are the most important laws you should be aware of:
- The Americans with Disabilities Act (ADA)
- The California Fair Employment and Housing Act (FEHA)
- The Family and Medical Leave Act (FMLA)
- The California Family Rights Act (CFRA)
The FMLA and CFRA provide qualifying workers with up to 12 weeks of medical leave. Eligibility requirements include working for an employer with 50 or more employees for the FMLA. If you work for an employer with 5 or more workers, you may be eligible for job-protected medical leave under the CFRA. Your employer is prohibited from taking away your job during this time, and they cannot retaliate against you for taking leave time under the FMLA or CFRA.
To learn more about the laws that protect you from adverse employment decisions based on a medical diagnosis, talk to an Oakland cancer discrimination lawyer by contacting California Labor Law Employment Attorneys Group.
What Options Do I have against Discrimination by My Employer?
You struggle with emotions like fear, anger, frustration, and anxiety when you are targeted for discrimination at your job. If you are certain that your employer’s actions have to do with your diagnosis for cancer, what are the steps you can take? Take a look at the following legal options that you may wish to pursue with one of our attorneys:
- If you are wrongfully terminated or dealing with other treatment from your employer that’s rooted in discrimination, you can file a claim with the federal government’s Equal Employment Opportunity Commission. This is the agency that enforces labor laws at the federal level, like the Americans with Disabilities Act and the Family and Medical Leave Act. Please note that as a California employee, you have 300 days starting from the date of violation by your employer.
- Depending on your experience, you may wish to file a cancer discrimination claim with the Civil Rights Department, which is an agency operated by the State of California. Please be aware that the statute of limitations for a CRD workplace violation claim is 1 year.
- Aside from an employment complaint with the EEOC or CRD, you may have the option of filing a lawsuit against your employer. To proceed with a lawsuit, you must file a claim with either of the aforementioned agencies and wait to receive what is known as a Right to Sue notice. Upon receipt of this document, you have 90 days or 1 year to sue your employer, depending on which agency issued the notice.
Right now, you are probably unsure as to what you want to do about a case of disability discrimination by your employer. This is perfectly understandable, and at the end of the day, a lawsuit is not in everyone’s best interest. However, it will cost you nothing to meet with us for a free consultation, so please reach out to us at your earliest opportunity.
Contact Los Angeles Employment Attorneys Group
Do you need legal advice from a cancer discrimination lawyer in Oakland? No one should be forced out of a job or face other kinds of discrimination by their employer, but these incidents are unfortunately common. As someone struggling with the effects of cancer, it’s essential to explore your rights and legal options with a workplace discrimination lawyer in Oakland.
Los Angeles Employment Attorneys Group has always operated on contingency, so you do not have to worry about paying us to represent you. The cost of legal services gets covered as a part of your settlement, so we make absolutely nothing unless you are compensated by your employer. There is also a Zero Fee Guarantee, so you have complete assurance that you will not have to pay us if we don’t win your case.
Please take a moment to contact our office and seek help from an Oakland attorney specializing in discrimination against employees with cancer.
