Workplace discrimination can take on many forms. It is not uncommon for workers to suffer religious, sexual, and racial discrimination in the workplace and get wrongfully fired or mistreated. These workers should always take legal action in the event of any unfair treatment. However, there are other ways that you can be discriminated against, even while sick. Suffering from a disease like cancer can not only result in hardships in life with your health, but it can also result in troubles at your workplace. Your employer may take action against you because of your disease and all the necessary treatments and actions it entails. If you feel that you are being targeted for being a cancer victim, call our San Diego cancer discrimination attorneys today. Our firm, the California Labor Law Employment Attorneys Group, will be sure to help you fight your employer to preserve your rights.
Cancer and Your Career
You may have a flourishing career that is suddenly interrupted or cut short by cancer. The disease can have an immediate impact on your life; you might not be able to perform the same job duties as you did before and you may not even be able to participate in the same activities in your personal life. It is important that you get medical treatment as quickly as possible and alert your employer to the reasons for your constant leave or for your request for accommodations.
We have handled lawsuits from patients who have suffered from the following types of cancer:
- Colon cancer
- Breast cancer
- Gallbladder cancer
- Testicular cancer
- Ovarian cancer
- Hodgkin lymphoma
- Liver cancer
- Lung cancer
- Pancreas cancer
- Pancreatic tumors
- Prostate cancer
- Rectal cancer
- Melanoma (skin cancer)
- Colon cancer
- Bladder cancer
- Brain tumors
- Cervical cancer
- Colorectal cancer
It is very likely that cancer will limit the amount you can do at your job. For example, if you drive a truck, you may need even more frequent rest stops and would only be able to take short trips within a certain area. If you work in a school, the amount of classes you teach and time spent on your feet may be decreased.
You may need certain accommodations to continue your job. Employers must grant reasonable accommodations to workers with disabilities so long as the accommodations do not interfere with the productivity of others or they do not put a hardship on the company.
You may be denied such simple accommodations as:
- Extended leave for medical appointments, treatment, and other procedures
- Extra time for recovery
- Decreased amount of weight to life
- Seating and assisted devices that can lighten your load
- Certain shifts off or a change or reduction in hours
- Disability leave and pay
- Telecommuting or being given remote work at home
- Taking up another position with less stress or loads, or another position at a closer facility
If you are in need of any legal help and wish to file a lawsuit against your employer for cancer discrimination, contact our law firm at once.
There are many laws that protect workers from various kinds of discrimination. The Civil Rights Act and the Age Discrimination in Employment Act protect workers from being unfairly discriminated against due to their religion, sex, race, nation of origin, color, and age. These Acts help workers fight back if there are any actions taken against them.
The Americans with Disabilities Act of 1990 protects workers from being targeted if they suffer from certain handicaps or disabilities. These physical disabilities often include traumas like severed limbs and paralysis. The Act can and does include cancer, though. The disease is considered a disability when it substantially limits a person’s major life activities. That is, individuals with cancer cannot perform the same tasks with the same degree of efficiency; they are usually quickly tired or in pain, and must receive other treatments to get healthy. The degree of life activities varies, though – some may consider a major life activity relatively minor, such as taking a walk around the park.
It is against the law to be fired for having cancer if it is considered a disability. Although at-will employment allows businesses to fire their employees for any reason at all at any time, the employer cannot do so for an illegal reason. The wrongful termination of a cancer patient who is undergoing cancer treatment counts as illegal.
If you are in need of a lawyer in San Diego to sue an employer for discrimination against cancer patients, contact our law firm today.
Proof of Discrimination
It can be difficult to get proof that you were discriminated against because of your cancer or because you sought treatment for the disease. It is usually not said outright by your manager or boss; he knows that admitting to the discrimination would give you the perfect evidence to file a lawsuit. Bosses will usually mask their intentions and do all they can to put on a show like you were rightfully fired or that you were not actually mistreated or discriminated against.
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If you have been suffering discrimination over a period of time, you should try to collect as much evidence as possible. A few examples include:
- Emails or messages from Human Resources if you went to them to complaint about the way you were treated or about any actions that were taken against you
- Verbal agreements as recordings from your boss if you were told that you were not going to be terminated for having cancer or for getting treatment
- Written contracts outlining the terms of your employment, as well as an employee handbook or company policy supporting these terms
- Pictures or videos of any discrimination or harassment you suffered for having the disease
- Proof or previous terminations by your employer against those who were also suffering from disabilities
- Statements from coworkers testifying that you were fired or mistreated because of your condition or that other individuals were treated similarly in the past
This proof may be difficult to acquire if you were suddenly fired. You should still strive to get as much as you can. If you talk to a San Diego cancer discrimination lawyer, we promise to do all we can to acquire the necessary evidence for your claim. WE will even hire expert witnesses and conduct an independent investigation to see if there are other examples of your boss behaving in such a manner.
Statute of Limitations to Filing a Discrimination Claim
In California, the DFEH (Department of Fair Employment and Housing) takes precedence over the EEOC (Equal Employment Opportunity Commission), and so claims must go through the State agency. If you wish to file a discrimination claim, you must alert the DFEH no later than one year after the discrimination or termination has occurred. The company will then conduct an investigation, and if they find ample enough grounds, will issue you a right-to-sue letter. You will then have one year from the date of this letter to take legal action against your employer.
This limit is often overlooked by victims of discrimination, and it is a common reason that so many claims are not settled or even addressed. The statute of limitations can be confusing; it can be put on hold if the defendant leaves the state, and it can be shortened if you plan on suing a government agency.
Our cancer discrimination lawyers in San Diego can help you determine how much time you have to sue your employer.
Settlement from a Cancer Discrimination Lawsuit
If you file a discrimination claim against your employer, you may be able to receive various kinds of restitution for the way you were treated. We will strive to bring you the maximum compensation available under the law. You can potentially receive:
- Lost income from the past and future
- Reinstatement of your old job position or a transfer to another location
- Punitive damages
- Pain and suffering damages
- Missed promotions, benefits, bonuses, commissions, and more
Our attorneys promise to work around the clock to secure you every penny you deserve.
Cancer Discrimination Lawyer
The California Labor Law Employment Attorneys Group can provide you with a cancer wrongful termination attorney in San Diego if you have been discriminated against for having colon cancer, breast cancer, leukemia, melanoma (skin cancer), colon cancer, bladder cancer, brain tumors, cervical cancer, Colorectal cancer, Gallbladder cancer, testicular cancer, ovarian cancer, liver cancer, or lung cancer. We promise to fight for your rights and we will go to court if necessary to prove that you deserve compensation in front of a judge and jury. Our aggressive lawyers will do all we can to win your case and will not stop until we are satisfied.
Call us today for a free legal consultation. All of our consultations are completely confidential; your personal details and information will not be shared outside of our offices. You are encouraged to ask us anything you wish, and we will tell you what we believe we can win for your case.
If you hire us to represent you, we will give you our zero fee guarantee, which promises that you won’t have to pay a single dime of your own money throughout the case. We will cover all the costs ourselves, and if we win, our fees will be reimbursed by the settlement we bring you. If we lose, you will not pay us anything anyway, and we eat the losses ourselves. Your financial standing should never be impacted because you chose to take legal action after suffering discrimination.