Cancer exists in many forms, including colon cancer, breast cancer, skin cancer, lung cancer, leukemia, cervical cancer, pancreatic cancer, and Hodgkin lymphoma. If you have been diagnosed with cancer, there is no denying how heavy an impact this illness can have on your life. Most patients strive to live out their lives as normal for as long as they can, and that includes going to work.
Unfortunately, cancer can pose limitations on your work duties, and this is not just because of one’s declining health. Cancer patients can face discrimination from employers, who are quick to judge their abilities and see them as a drain on the company’s resources. If you told your employer about your cancer diagnosis, you may be treated unfairly and denied important job opportunities. Perhaps you were given a pay cut or not allowed to apply for a promotion. Maybe you were even demoted or fired from your job.
If you suspect that your employer engaged in cancer discrimination, make sure to seek legal advice as soon as possible. California Labor Law Employment Attorneys Group can evaluate your situation and determine your eligibility for a workplace discrimination claim. All you have to do is reach out to us at your earliest opportunity and schedule a free case evaluation.
Laws Prohibiting Discrimination Against Employees with Cancer
What laws protect you and other employees from cancer discrimination in the workplace? At the state and federal levels, there are numerous laws that have to do with the protection of employees from unfair treatment based on cancer and other medical conditions. Laws that you should be aware of include:
- The Americans with Disabilities Act (ADA)
- The Family and Medical Leave Act (FMLA)
- The Fair Employment and Housing Act (FEHA)
- The California Family Rights Act (CFRA)
For more information on legal protections against wrongful termination and other employment rights violations, don’t hesitate to call us 24 hours a day, 7 days a week. That way, you can determine the right plan of action with help from a cancer discrimination lawyer in San Jose.
Government Agencies that Enforce Anti-Discrimination Laws
If your employer is failing to provide you with equal treatment after learning that you have cancer, you may be wondering about the legal actions you can take. Consider the following information regarding your rights as a victim of workplace discrimination:
- Discrimination for having a serious medical condition may be reported to the federal employment agency known as the Equal Employment Opportunity Commission (EEOC). Once you file a claim with evidence to support your allegations, the agency will conduct an investigation to determine if your employer is in violation of federal anti-discrimination laws.
- You can also report cancer discrimination by a San Jose employer to the California Civil Rights Department (CRD). This agency enforces state labor laws, which include regulations against disability discrimination. Like the EEOC, the CRD can investigate complaints of discriminatory conduct and issue penalties against the employer.
- The EEOC and DFEH offer similar protections, but who is covered by the laws depend on various details that you should discuss with a California employment attorney.
- Because California has a work-sharing agreement with the EECO, any complaint filed with one agency is automatically forwarded to the other.
- If you plan on filing a claim with the DFEH, you must do so within 1 year of the labor violation by your employer.
- As a California employee, you have 300 days to file a discrimination claim with the EEOC.
Filing a Cancer Discrimination Lawsuit
In the previous section, we mentioned the possibility of filing a discrimination claim with either the California Civil Rights Department or the Equal Employment Opportunity Commission? Is filing a government agency complaint the only option available to victims of cancer discrimination?
That depends on how either of these agencies responds to your claim against a discriminatory employer. As we mentioned, one or both employment agencies will investigate your situation, which may result in legal penalties against your employer. On the other hand, the EEOC of CRD may decide that it’s best for you to file a lawsuit for employment discrimination. In that case, you will receive a Right to Sue letter and have the option of suing your employer for lost wages, pain and suffering, and other monetary damages.
Please note there is a very specific window of time in which to file a claim for discriminatory actions by an employer. These timelines are different, based on whether you are filing a claim with the state of California or the federal government. You must also be aware of the statute of limitations for a lawsuit once you are given permission to go through with a lawsuit. For example, if the EEOC is the entity that issued the Right to Sue notice, you must file a lawsuit within 90 days. On the other hand, if you letter was provided to you by the Civil Rights Department, you have 1 year from the issuance of the letter to file a lawsuit.
A cancer discrimination attorney can help you stay on top of these deadlines and manage all the other aspects of your case from start to finish. That way, you do not experience any unwelcome disruptions with your case, which is very common among those who choose to navigate the legal system on their own.
Our Team of San Jose Cancer Discrimination Lawyers
Strong and effective legal representation is the key to obtaining justice when you are targeted by an employer because of an illness or injury. The lawyers of California Labor Law Employment Attorneys Group have many years of experience with disability discrimination, and we are more than ready to fight for you and the compensation you deserve.
When you choose to work with our legal experts, you can be sure that we will never ask you to pay for legal services out of pocket. Legal services are paid for by the party that harmed you, and only paid to us if we obtain a settlement or verdict on your behalf. If you are not compensated from a cancer discrimination claim, you owe us $0 under the Zero Fee Guarantee.
At the end of the day, you have nothing to lose by contacting our law firm and speaking with a lawyer that specializes in workplace discrimination cases.
