Have you been diagnosed with hepatitis A, B, or C? Is your illness having an impact on your daily life, including difficulties performing your work duties? Have you suffered discrimination at your job because you have hepatitis?
Sadly, those who are afflicted with a medical condition may find themselves out of work because of discrimination by the employer. If you lost your job because your employer found out that you have hepatitis, you may have grounds for a wrongful termination lawsuit. This is a legal action that can help you obtain lost compensation, while ensuring that your employer does not get away with breaking the law.
Aside from wrongful termination, California employers can take other adverse actions against workers with hepatitis, which is illegal under federal and state laws. The laws regarding your employment rights after a diagnosis of hepatitis A, B, or C can be quite complicated, so it’s in your best interest to contact a workplace discrimination lawyer as soon as possible.
Anti-Discrimination Laws in the Workplace for Those with Hepatitis
Finding out that you have hepatitis can impair your abilities in the workplace, but there are many ways to provide equal access and fair treatment to employees with a physical or mental illness. Here are the laws that can protect you from negative actions by the employer:
The Americans with Disabilities Act (ADA)prohibits discrimination in public areas and sectors, including workplaces, educational facilities and public transportation. The ADA has specific laws against anti-discrimination that applies to employers with 15 or more employees.
It’s important to understand how the word “disability” is defined under federal regulations. Essentially, any physical or mental health condition that greatly reduces your ability to perform major life activities is classified as a disability by the ADA. So, chronic cases of hepatitis that last for longer than 6 months can be considered a disability based on the disease’s impact on your bodily functions and ability to perform daily tasks.
Please note that under the Americans with Disabilities Act, you have the right to ask for reasonable accommodations that do not place an undue hardship on your employer. There are many accommodations that can help workers who are struggling with an illness, like giving them a more flexible work schedule or switching them to another shift or position. Depending on their role in the company, maybe the employee can work from home, at least on a part-time basis. Providing more rest breaks and allowing for extra time to get to work can help as well. Certain workplaces may have the space and resources to purchase modified equipment or furniture that can make the space more user-friendly to someone with a specific medical condition.
I was Fired because I have Hepatitis C: Is this legal?
Workplace discrimination against those with hepatitis A, B, or C is illegal under the California Fair Employment and Housing Act (FEHA). This law is similar to the ADA, but the protections apply to any employer that has 5 or more workers. According to FEHA, here are the categories that are protected from discrimination:
- Disability or a serious medical condition
- Race / color
- National origin
- Ancestry or genetic information
- Religious beliefs
- Being 40 years of age or older
- Having a physical or mental handicap
- Gender
- Gender identity or expression
- Sexual orientation
- Marital status
- Veteran or military status
If you have a chronic case of hepatitis that requires more extensive treatments, you may be eligible for up to 12 weeks of medical leave within a period of 12 months. You do not have to take all 12 weeks at the same time, and your employer must hold your job open while you are out on leave. This protection is available under the U.S. government’s Family and Medical Leave Act. Here are the qualifications you’ll need to meet in order to seek job-protected leave under the FMLA:
- You must have been employed by your current employer for at least 12 months
- Your work hours must total at least 1,250 within a time period 12 months prior to your leave request
- Your workplace must have at least 50 employees that are located within a radius of 75 miles
The right to take medical leave is offered at the state level as well under the California Family Right Act. The CFRA also allows eligible employees to ask for up to 12 weeks of leave every 12 months for a serious health condition. However, the eligibility requirements are somewhat different, as the protections apply in workplaces with at least 5 workers. Like the Family and Medical Leave Act, you must have worked 1,250 or more hours in the past year to be covered for job-protected, unpaid leave. However, the CFRA does have critical differences from the FMLA, like the ability to request medical leave for taking care of a domestic partner that’s suffering from a serious illness or injury.
What Labor Laws are There to Protect Me if I have Hepatitis?
Hepatitis comes in various forms, like hepatitis A, which is an acute medical condition that lasts for about a few weeks on average. Hepatitis B and C, on the other hand, can become chronic diseases, meaning that you will have the symptoms for more than 6 months. Chronic hepatitis causes inflammation of the liver, and this can lead to liver failure, cirrhosis, and liver cancer.
If you are diagnosed with chronic hepatitis, you may have workplace protections under the Americans with Disabilities Act and the Fair Employment and Housing Act. This is due to the classification of a disability as a medical condition that lasts for over 6 months. So, if you are diagnosed with a chronic form of hepatitis, your employer cannot fire you or take other discriminatory actions on the basis of your illness or medical needs.
Depending on the severity of your illness, you may need to request leave for an extended period of time. Many employers in California are required to comply with the terms of the Family and Medical Leave Act and the California Family Rights Act. This is a form of unpaid leave that can last for up to 12 weeks within a 12 month period. During this time, your employer cannot fire you, as both of these laws guarantee qualifying employees with job-protected leave. Again, whether you can take extended leave depends on the severity of your symptoms and their impact on your ability to perform your job effectively.
Aside from discrimination, your employer is forbidden from engaging in acts of retaliation, meaning they cannot punish you for exercising your rights. For example, you know that you meet the qualifications for FMLA leave and put in a request for 2 months of unpaid leave. Your employer decides to retaliate by assigning you to a position of lower rank and pay when you come back to work. This is just one of many examples of workplace retaliation, which include:
- Giving a poor performance evaluation when the worker has not committed any violations or fallen below performance metrics
- Transferring the worker to a less desirable location, shift, or position
- Subjecting the employee to harassment or intimidation, or doing nothing to stop such behavior by coworkers
- Increased criticism and micromanaging of the worker
- Holding the worker to much higher standards than others of similar rank / position, thereby setting them up to fail.
We Offer a Zero Fee Guarantee
Even if you have never filed a lawsuit before, you are generally aware that legal actions come with various expenses. In particular, people worry about how much it costs to hire a lawyer that specializes in wrongful termination and other acts of discrimination and retaliation.
Here at California Labor Law Employment Attorneys Group, we do not believe in charging victims for the cost of legal representation. Instead of asking you to pay a retainer, we ask that your employer cover all legal fees as a part of the compensation that’s owed to you. That way, we get paid at the same time you do, and if we fail to recover your settlement, you owe us $0 from start to finish.
For more information on suing for employment discrimination based on hepatitis or any other medical condition, schedule a free case review with one of our attorneys.
