Cancer can completely ruin your life and alter your career. If you are afflicted by colon cancer, breast cancer, leukemia, melanoma (skin cancer), bladder cancer, brain tumors, cervical cancer, Colorectal cancer, Gallbladder cancer, testicular cancer, ovarian cancer, Hodgkin lymphoma, liver cancer, lung cancer, pancreas cancer, pancreatic tumors, prostate cancer, or rectal cancer, you can face many issues that may last for years. Cancer may go into remission and return, and it may leave you permanently injured. Worse, the presence of cancer can cause your employer to mistreat you and discriminate against you. If you need a lawyer in San Bernardino to sue an employer for discrimination against cancer patients, contact our law firm, the California Labor Law Employment Attorneys Group. We will gladly litigate your case for you and will make sure that you are not discriminated against for your illness.
Laws Protecting Individuals with Cancer
There are laws in place that protect individuals from discrimination of many types, such as religious discrimination, age discrimination, and sex discrimination. These are common and well-known, and employees who are mistreated in such ways are often quick to invoke the laws related to the Civil Rights Act of 1964 or the Age Discrimination Act of 1967.
Cancer discrimination, though, does not fall under either of these Federal Acts. Instead, cancer can be considered a disability in the same way that any chronic disease or physical handicap can be. Thus, it is a protected illness and trait under the Americans with Disabilities Act of 1990. The most common forms of disabilities include paralysis and non-functioning body parts, but it has been interpreted to include any physical issue that has a substantial effect on a person’s life and limits their activities.
Patients afflicted with cancer may suffer in various ways and be unable to complete their job duties without reasonable accommodations. It is the responsibility of your employer to provide you with accommodations if you are disabled, provided these accommodations do not highly impact the company, prevent other workers from completing their duties, or cause a problem in any other way.
Those suffering from cancer may need to go to chemotherapy appointments, radiation appointments, hospital treatments, and more to get help. You may need to sit down a lot due to shortness of breath or fatigue, or you may need a drastically reduced workload and for your shifts to be cut back. You may also need to have assistive devices nearby, or you may have to go on disability leave.
Your employer must accommodate you in these ways or face legal action. If you suffer discrimination at your workplace, contact a San Bernardino cancer discrimination attorney for more help.
What To Do If You Were Discriminated Against
It can be very frustrating to suffer discrimination in the workplace if you are sick with cancer. You may be targeted while you are undergoing treatment; you may be fired for revealing a diagnosis; you may be refused hire because of a previous cancer diagnosis and for fear of remission or an inability to work to certain levels; or you may be denied accommodations. You should take steps to gather evidence of this discrimination. You can do the following:
- Talk with your boss or with HR if you feel any discrimination coming from coworkers or other people at your workplace. Make sure that you document any conversation you have with HR and that you keep a record of any submitted complaints. The more proof you have that you made superiors aware of the discrimination, the better your case may turn out.
- You can use any written agreement or contract to show that you were wrongfully terminated or discriminated against, and you may be able to invoke verbal agreements as well. If you did have a verbal agreement or implied promise with your boss, though, it can be much more difficult to prove, as there may not be any evidence outside of what was said – which can be easily disputed and denied.
- If you have pictures, videos, surveillance footage, or recordings of the discrimination, you can add it to your claim. Some people may have left disparaging remarks in emails or they may have left insensitive materials and printouts on your desk. Your boss could have made cruel jokes at your expense. There are many forms of discrimination that can be caught with physical evidence.
- If there were other employees who were unfairly targeted or who were fired for their injuries and disabilities, you could use those situations as evidence as well to best establish a pattern of behavior for your boss or for the company. These other employees may have filed similar complaints.
- Witness statements and testimonies from coworkers or clients can also be included in your evidence if they saw discrimination occur or if they overheard any plans to fire you despite your disability or sickness.
- You should have a copy of your employee handbook to establish that the actions taken by your employer were illegal or wrongful. You can refer to specific parts and also point to the Americans with Disabilities Act to prove your claim.
- From the time you began noticing the discrimination, you should be sure to keep a journal detailing the events and all key details. If you were refused hours, you can write down the examples and schedules to back up your claim. A journal will also help you keep all the dates in the correct order and will ensure that you do not forget important aspects.
In the event of a wrongful termination of a cancer patient who is undergoing cancer treatment, it can be extremely difficult to gather evidence if the firing happened suddenly and without warning. You may not be able to find any previous evidence at all. The clearest evidence would be a statement from your boss claiming that you were fired, but that is seldom said.
If you need more assistance or don’t know where to start gathering evidence, speak with a cancer wrongful termination attorney in San Bernardino for more help.
Compensation for a Cancer Discrimination Lawsuit
If you were wrongfully terminated or suffered discrimination because of your cancer, you can receive ample compensation for your damages. Our team of attorneys will do all we can to secure you the maximum settlement available under the law. You should be treated to rightful damages, including:
- Lost wages from the past and future if you were unable to work, such as missed commissions, lost benefits, lack of tips, no pay checks, and more
- Pain and suffering damages to cover PTSD, anxiety, fear, and more if you were particularly mistreated and your emotional state was compromised
- Medical expenses if your job covered your treatment and you were no longer able to receive it because of an inability to pay
- Punitive damages if your boss or employer was particularly negligent in their duty or if they knew there was an abundance of discrimination occurring and did nothing to correct it, or if they deliberately targeted you for your illness; these damages are hard to win, though, as they are viewed as excessive, so only a skilled lawyer will be able to secure them for your settlement
- Reinstatement into your old position if you were fired, or potentially a transfer to another department, branch, or location; however, it is common that victims will elect to get another job elsewhere, as the discrimination may not stop if they return or they may be targeted in the future, especially if their former boss has not left or been reassigned either
If you are in need of a skilled lawyer in San Bernardino with experience in cancer discrimination lawsuits, contact our law firm for more help.
Cancer Discrimination Lawyer at Our Law Firm
The California Labor Law Employment Attorneys Group has a team of expert cancer discrimination attorneys available to take your case. We have spent years handling discrimination lawsuits and we know how to best win your claim for you. We will work towards winning you a fair settlement, but we will also do our best to ensure that your workplace changes for the better and that there are no more future instances of discrimination. If we have to go to court to get what we want, we are willing to do so, and we will aggressively fight for your rights as an employee. Your disability should not result in you getting mistreated.
Get in touch with our law firm today to set up a free legal consultation with a lawyer. Your consultation will be completely confidential and none of your private information or case details will be shared outside of our conversation. We will tell you what we believe we can win for you and you can ask us anything you wish about the legal process.
Hiring us to represent you will also land you our zero fee guarantee, which states that you won’t have to pay a single dime out of pocket unless we win your case. If we lose, you do not owe us anything at all, and you can walk away debt-free to our firm.
The California Labor Law Employment Attorneys Group has helped victims with all types of cancer, including colon cancer, breast cancer, leukemia, melanoma (skin cancer), bladder cancer, brain tumors, cervical cancer, Colorectal cancer, Gallbladder cancer, testicular cancer, ovarian cancer, liver cancer, and lung cancer. Reach out to us for more assistance.