As someone with cancer, have you noticed that your employer is treating you differently than they did before learning of your diagnosis? Are you receiving unfair treatment all of a sudden, like demotion to a lower position or micromanaging and being held to higher standards than anyone else? Have you lost your job after you asked for accommodations because of your cancer treatments? Sadly, this is not unusual when it comes to how cancer impacts your employment. However, negative employment decisions based on a cancer diagnosis is illegal, and you have the right to take legal action against your employer.
Discrimination can happen in many different ways, whether you are diagnosed with lung cancer, breast cancer, skin cancer, pancreatic cancer, leukemia, Hodgkin lymphoma, or any other type of cancer. While each case is unique, it’s clear that employers count on workers staying quiet and not exercising their rights. You have protections against workplace discrimination under federal and state laws, including the Americans with Disabilities Act and the California Fair Employment and Housing Act.
As a worker or resident in Glendale in need of a cancer discrimination attorney, don’t hesitate to contact California Labor Law Employment Attorneys Group. Our employment lawyers are ready to help you 24 hours a day, 7 days a week, and we will not rest until you achieve justice from a cancer discrimination claim.
Employment Agencies that Protect Worker’s Rights
Employment rights is not a subject most people are familiar with, even though having a job is a crucial part of one’s identity and ability to live a decent quality of life. Thus, many people who are facing cancer discrimination wonder about their available legal options.
If your employer is in violation of federal and state employment laws, you can file a complaint with the U.S. government’s Equal Employment Opportunity Commission (EEOC). Alternatively, you can file a discrimination in the workplace complaint with the state of California’s Civil Rights Department. These agencies essentially serve the same purpose, but there are some differences that you can learn about from one of our attorneys. A Glendale cancer discrimination lawyer can also help you decide which agency to file with and how to proceed based on the agency’s response to the allegations against your employer.
Can I File a Cancer Discrimination Lawsuit?
By filing a claim with the EEOC or CRD, you are asking for an investigation into your employer’s actions. Once the agency completes the investigation, they will assess legal penalties for any legal violations or send you a Right to Sue letter.
This notice is critical to your legal strategy, as you are not allowed to file a lawsuit for wrongful termination, demotion, and other illegal acts by your employer until the CRD or EEOC gives you permission to do so. Once you are granted the right to sue, you have anywhere from 90 days to 1 year to file a lawsuit. Considering the short amount of time you have, it’s essential to work with a Glendale lawyer that specializes in workplace discrimination. Otherwise, it’s easy to make mistakes and encounter obstacles you cannot overcome on your own.
The legal team of California Labor Law Employment Attorneys Group can help you navigate the legal process from start to finish. Please contact us today and schedule a private consultation, completely free of charge.
Compensation Obtained from a Cancer Discrimination Lawsuit
Filing an employment rights violation claim is about holding your employer accountable and sending a message to other companies. But that’s not the only purpose behind a lawsuit for cancer discrimination, as you are likely to have significant monetary losses due to your employer’s actions. That’s why you should educate yourself on the damages that can be recovered if you were discriminated against because of cancer or another serious medical condition. Categories of compensation that may be awarded to you include:
- Lost wages in the form of back and front pay
- Value of work benefits, like healthcare, stock options, and retirement funds
- Pain and suffering for the mental anguish of prolonged harassment, retaliation, job loss, and other discriminatory acts
- Punitive damages, which may be awarded by a jury in cases of exceptionally bad conduct by the employer
Aside from monetary payments, claims filed with the EEOC of CRD can also result in policy changes, mandatory training, and reinstatement of your job. So, you are affecting changes that help other employees who are dealing with the effects of cancer. As for reinstatement, this is not a feasible option for most workers because the relationship with the employer is beyond repair. However, it’s one of the choices that you can explore with a Glendale cancer discrimination attorney, along with other remedies that may be available to you.
Filing a Discrimination Claim with the Statute of Limitations
There are many rules that govern the process of filing a labor law violation claim, and this includes meeting the deadlines imposed by the EEOC or the CRD. As an employee in the state of California, you have 1 year to file a discrimination claim with the Civil Rights Department. On the other, you have a deadline of 300 days if you wish to file a complaint with the Equal Employment Opportunity Commission.
After the agency concludes their investigation, they may send you a letter that gives you the permission to sue your employer. If the notice is sent to you from the EEOC, you have 90 days to file a disability discrimination lawsuit. If, on the other hand, you are granted the right to sue from the CRD, you have 1 year to file a lawsuit for monetary compensation.
Glendale Lawyers Who Specialize in Cancer Discrimination
A cancer diagnosis should not be accompanied by negative repercussions by your employer. Sadly, many employers refuse to accommodate those with illnesses or injuries, even though they are required to do so by law. If you are facing discrimination at work because you have cancer, please get in touch with us at your earliest convenience.
Our law firm operates on contingency, as we believe in making legal services accessible to all victims of employment discrimination. Rather than asking you to pay a retainer and other fees throughout your case, we ask your employer to cover our expenses. Once a settlement is negotiated or we obtain a jury verdict in your favor, the cost of representing you is paid for by your employer. You also receive a Zero Fee Guarantee, ensuring that you owe us $0 if we do not bring you compensation from a cancer discrimination case.
For more information on your rights and legal options, call the offices of California Labor Law Employment Attorneys Group.
