Cancer is a devastating disease that affects many people in California, whether they are diagnosed with cancer or have a loved one that is suffering with the illness. Thanks to advances in medicine throughout the years, the prognosis for recovery is largely hopeful as long as the cancer is discovered in the early state. However, it’s not unusual that symptoms of cancer may not be noticed by the patient until it’s too late, meaning that undoing the damage is highly unlikely.
Living with the effects of cancer on a daily basis can be difficult for anyone, but you may have other issues to deal with, like workplace discrimination and retaliation. Sadly, it is not unheard of for those with cancer to lose their jobs, get demoted to a lower position, and receive other kinds of unfair treatment at their job.
Do you believe that your employer is taking adverse employment actions against you on the basis that you are diagnosed with cancer? If so, it’s time to speak to a cancer discrimination lawyer in San Bernardino and learn about the legal actions that are available to you. Please contact us today and schedule a free consultation to verify your eligibility for a discrimination claim against your employer.
How Cancer can Affect Your Job Status
Cancer is a heavy burden for both your body and mind, as you are put through multiple tests, treatments, and appointments at various medical facilities. You also need recovery time in between treatments, which means you must ask for time off from work. Some people are fine with taking half a day and coming back to work the next morning. But those who are undergoing more aggressive treatments with greater frequency may need extended medical leave. As a result, you may have to ask for workplace accommodations, like working from home or taking on a less demanding role at your job.
Your employer is required to follow federal and state laws that prohibit discrimination against workers with an illness or disability. But some people in supervisory positions are ignorant of the laws, or they simply have no empathy for someone who is going through a medical crisis. These people are either resentful of the fact that you “can’t keep up,” or may refuse to provide you with reasonable accommodations while you are sick.
Keep in mind that your employer has a duty to prevent discrimination based on protected characteristics, like one’s medical condition, race, gender, age and religion. They must also work with you to come up with accommodations that are within reason, like allowing you to have a more flexible schedule or eliminating non-essential tasks until you are sufficiently recovered. If your employer has violated employment laws by firing you or taking other discriminatory actions towards you, you may have grounds for a cancer discrimination lawsuit.
Laws that Protect Workers from Cancer Discrimination
We mentioned before that specific laws protect you from retaliation and other adverse treatment from the employer when you have colon cancer, Hodgkin’s lymphoma, breast cancer, and any other type of cancer. California has robust protections in place that make it illegal for employers to make negative employment decisions based on health conditions like cancer. At the federal level, cancer patients are protected by the Americans with Disabilities Act (ADA).
Both California and federal laws provide workers with the right to seek accommodations that are within reason for employer. Many places can allow the worker to come in for a different shift, work at least part of the time at home, or temporarily eliminate certain work duties. The key is that the employer is not placed in a position of undue hardship because of the accommodation.
In more serious cases, the employee may need medical leave for an extended period of time. Many workers are eligible for up to 12 weeks of leave under the Family and Medical Leave Act and the California Family Rights Act. While you are out on leave, your employer cannot fire you, and they must reinstate you to the same or equivalent position when you come back to work.
Filing a Claim for Cancer Discrimination
If you are the victim of discrimination and other illegal acts by your employer, please contact a cancer discrimination lawyer in San Bernardino. Speaking out and filing a formal complaint against the company you work for is not an easy task. Ultimately, you may have the option of filing a cancer discrimination lawsuit, which is a legal action where you can ask for lost wages, medical expenses, and other monetary damages.
A lawsuit isn’t right for everyone, but figuring out if it’s right for you requires advice from an experienced employment attorney. The workplace discrimination lawyers at our office can help you decide on the best course of action if your employer has violated your right to fair and equal treatment.
Financial Compensation – What can I Receive from a Cancer Discrimination Claim?
Restitution in the form of monetary compensation may be recovered by those who file a discrimination lawsuit against their employer. How much you can obtain will depend on various details that have to do with the interactions between you and your employer. Along with a case value, we will educate you on the damages you can ask for, which may include:
- Value of lost salary or wages, including unpaid overtime
- Compensation for loss of work-related benefits such as healthcare, PTO, stock options, and retirement contributions
- Damages for emotional / psychological harm, like emotional distress and pain and suffering
- If you take your case to court and the jury finds your employer is guilty of gross negligence, you may be awarded punitive damages
Contact a Riverside Employment Discrimination Attorney
Discrimination that leads to termination and other labor violations happen quite often in California, and many of the victims received the treatment after a diagnosis of cancer. Discrimination on the basis of a medical condition is illegal, and you have the right to take legal action if your employer has infringed on your rights.
Our team of Riverside cancer discrimination lawyers can help you fight back and receive the compensation you deserve by law. If you decide to file a lawsuit for workplace discrimination, we will represent you for $0 out of pocket. Since we offer a Zero Fee Guarantee, our expenses are paid by your employer, and only if the case is resolved in your favor.
The first step is to contact our law firm and schedule a time to speak with one of our attorneys. We look forward to hearing from you and holding your employer accountable for how they treated you.
