Believe it or not, there are over 200 forms of cancer, though most people are only familiar with a handful of them, such as skin cancer, breast cancer, leukemia, pancreatic cancer, and Hodgkin lymphoma. If you were diagnosed with cancer, you have many questions about how the disease will affect your life. While you strive to go on with life as normal, your symptoms can have a serious impact on your job.
For example, cancer can cause you to limit your work hours and job duties. You can also face discrimination in the workplace if your employer sees you as a burden on the company’s resources. This can happen from the moment they are notified of your condition, or when you ask for accommodations like time off work and the option to work remotely on certain days of the week. If you are being treated unfairly or found yourself out of a job, you may have grounds to file a cancer discrimination lawsuit.
Workplace discrimination based on a medical condition is illegal, and those who are affected should seek help from a San Bernardino cancer discrimination lawyer as soon as possible. Our legal team is ready to hear your story and help you obtain justice if your employment rights were violated. Contact California Labor Law Employment Attorneys Group and schedule a free, private consultation.
Anti-Discrimination Laws That Protect Cancer Patients
You are likely to have questions about the laws that protect you from discriminatory treatment for having cancer. Fortunately, various laws exist at the state and federal level to ensure that you are provided with equal opportunities in the workplace. These include:
- The Fair Employment and Housing Act (FEHA)
- The California Family Rights Act (CFRA)
- The Americans with Disabilities Act (ADA)
- The Family and Medical Leave Act (FMLA)
Would you like more information on laws that prohibit wrongful termination and other acts of discrimination against employees with cancer? If so, don’t hesitate to give us a call and talk to a San Bernardino cancer discrimination attorney.
Filing a Discrimination Complaint with the Federal or State Government
If your employer is subjecting you to unfair treatment after finding out about your cancer, you need to learn about the legal actions that are available to you. Here is some critical information regarding your rights when you are dealing with workplace discrimination:
- If your employer is refusing to provide you with fair and equal treatment based on cancer or another disability, you can report them to the Equal Employment Opportunity Commission (EEOC). This is the federal agency that investigates employment rights violations and issues penalties against negligent employers.
- Those who are subjected to cancer discrimination can also file a claim with the California Civil Rights Department (formerly, the Department of Fair Employment and Housing). This agency handles employer violations of state employment laws, including discrimination and retaliation against workers with a serious medical condition.
- The CRD and the EEOC are similar in how they protect employees, but there are some differences that will determine who you should turn to for help. A cancer discrimination lawyer in San Bernardino will ensure that a claim is filed with the appropriate agency.
- Keep in mind that you have 300 days to file a workplace discrimination claim with the EEOC, and 1 year to submit a claim with the California CRD.
Can I File a Lawsuit for Cancer Discrimination?
We have talked at length about the option of filing a discrimination claim with one of two labor law agencies. But is this the only action you can take if your employer has demoted you, lowered your pay, terminated your employment, or made other negative decisions because you have cancer?
The answer depends on the response you get after the EEOC or CRD has concluded their investigation. Based on their findings, the agency may order your employer to pay fines of up to a certain dollar amount. Alternatively, the agency will give you permission to file a lawsuit for lost wages, emotional distress, and other applicable damages. Those who are allowed to sue the employer will be sent a Right to Sue letter from the appropriate agency.
Keep in mind that lawsuits are governed by a strict window of time, known as the statute of limitations. However, employment lawsuits must start out as a government agency claim, so there are multiple deadlines you need to be aware of. We mentioned before that you have 300 days from the date of violation by your employer to file an EEOC claim for disability discrimination. Once you get the Right to Sue notice, you only have 90 days to petition the court for a lawsuit. If the Right to Sue letter is issued by the Civil Rights Department, you have 1 year from the date of notice to sue your employer.
As you can see, there are a lot of important dates to stay on top of when you are pursuing a lawsuit for illegal practices by an employer. With that in mind, you should work with a cancer discrimination attorney right from the start, who can take care of the necessary paperwork and fight to bring you the highest possible settlement.
Cancer Discrimination Attorneys in San Bernardino
Legal representation from a skilled attorney is critical when you are seeking justice from an unscrupulous employer. Sadly, bias and negative treatment of those with an injury or illness is very common in the workplace, even in major companies that are well known to the general public. As employment lawyers with decades of experience in discrimination cases, you can count on us to fight for your rights and secure the payments you are entitled to.
California Labor Law Employment Attorneys Group accepts all cases on contingency. This way, you can hire a cancer discrimination lawyer for $0 and have the assurance of knowing we only get paid by winning your case. If you don’t receive compensation from a lawsuit against your employer, there is a Zero Fee Guarantee to ensure that you pay $0 in legal fees.
Our legal experts are standing by to answer your questions and help you initiate a claim for discrimination in the workplace. Reach out to us immediately and schedule a free consultation with a San Bernardino employment attorney.
