Discrimination in the workplace is difficult to live with, and no one should have to suffer because their employer is acting unlawfully. Those who are subjected to cancer discrimination may not understand their rights or how to proceed if they lost their job, got demoted, or experienced other illegal treatment from their employer.
As someone that lives or works in Modesto, you have the right to fair and equal treatment in the event you develop cancer or any other medical condition. Sadly, disability discrimination is not unheard of in California workplaces, even though federal and state laws prohibit such conduct. Our team of cancer discrimination lawyers can educate you on the laws and the steps you can take to obtain justice from your employer. Let us help you take control over a confusing and frightening situation, whether you have breast cancer, leukemia, colorectal cancer, lung cancer, melanoma, bladder cancer, brain tumors, or any other form of cancer.
What are the Legal Protection for Cancer Patients?
First and foremost, it’s essential to recognize that cancer is a disability under the federal government’s Americans with Disabilities Act of 1990. That means your employer has to comply with the laws regarding disability discrimination and retaliation. So, you may have grounds to sue your employer if they harassed you because of your medical condition, denied you reasonable accommodations, or violated your rights in some other way.
Some people in this situation may end up being fired, especially if they come back from extended medical leave. In this situation, the affected employee may be entitled to compensation from a wrongful termination lawsuit.
Reasonable Accommodations for Employees with Cancer
One of the problems many cancer patients run into is an employer’s refusal to make accommodations that can help them perform their job duties. It’s important to stress that any accommodations you ask for must be reasonable, i.e., your employer is not put through undue hardship in order to accommodate you. So, let’s take a look at some of the workplace accommodations that can help workers after a cancer diagnosis:
- Temporary modification in one’s job duties
- Change in work shift or reduced hours
- Eliminating certain tasks, like lifting heavy objects
- Additional breaks during the day
- Change in job role / position / location
- Assistive equipment
- Unpaid medical leave to let the employee focus on getting better
Sadly, some workplaces allow and even encourage abusive behavior against employees with medical conditions. You could find yourself the butt of jokes and offensive comments, or accusations of preferential treatment. Work opportunities like bonuses and commissions may be denied to you because of the assumption that you can’t handle the responsibility.
If these are statements that resonate with you, consider speaking with a lawyer in Modesto that can sue for discrimination against cancer patients.
Suing Your Employer – What Do I Need to Do?
In order to sue your employer for discrimination on the basis of cancer, you must compile clear and detailed evidence to show how you were mistreated. This includes proof that you were specifically targeted because of one or more reasons that had to do with your medical condition. For example, you filed a complaint because your employer refused to work out disability accommodations while you were receiving cancer treatments.
Obviously, some kinds of evidence are much harder to acquire than others. If you were fired and no longer have access to your workplace, obtaining any kind of proof can be difficult. This is where an employment attorney can help, as they are familiar with how to build a solid case for workplace discrimination
Examples of evidence that can be used to prove discrimination by your employer include, but are not limited to:
- A written log or journal detailing incidents of discrimination and other unlawful treatment.
- Proof of demotions, lower pay, change to less desirable shift, etc.
- Statements from colleagues that show a pattern of illegal conduct by your employer when a worker is struggling with an injury or illness.
- Screenshots, photos, recordings, printouts of emails and other physical evidence to back up your claims.
- A copy of the complaint you filed with Human Resources and following communications
- Any work contracts, employee handbook, and other materials (relevant in breach of contract lawsuits)
Even if you are able to collect all the needed evidence on your own, please take the time to speak with a Modesto cancer discrimination attorney. First and foremost, your lawyer can make copies of the evidence and keep it in safe place. Second, they can tell you how to proceed in order to protect your rights, which is particularly important if you are still working for the same employer. It’s best that you do not wait until you are fired to take actions on a job discrimination lawsuit. Give us a call as soon as possible and schedule a free case review with our legal team.
Contact a Cancer Discrimination Lawyer
Even with all the laws that exist to protect you and other employees, unscrupulous employers continue to break the rules when it comes to workplace discrimination. In particular, those who are afflicted with cancer and other health conditions are judged harshly and find themselves the target of an unjust demotion, loss of employment, workplace harassment, and other discriminatory treatment.
California Labor Law Employment Attorneys Group is here to fight for you and ensure that your employer does not get away with such conduct. We are ready to investigate your claim and help you obtain compensation for lost wages, loss of work benefits, pain and suffering, and other damages you are legally entitled to.
As our valued client, you do not pay us a single penny upfront. We have a Zero Fee Guarantee, where the cost of legal representation is covered by your employer as a part of your settlement award. So, you do not have to worry about legal fees if we don’t win your case, meaning you have nothing to lose by reaching out to us at your earliest opportunity.
We look forward to hearing your story and helping you move forward, physically, emotionally, and financially.
